Petition seeking to remove Kenya from maritime border case amended

Thursday, October 3rd, 2019 00:00 |
Solicitor-General Kennedy Ogeto.

A petition challenging Kenya’s participation in the maritime boundary dispute with Somalia at the Hague-based International Court of Justice (ICJ) has been amended.

Lawyer Kibe Mungai, for 20 petitioners, yesterday filed the amended petition, which will now be heard at the High Court on October 9 and 11 by Justices Kanyi Kimondo, Robert Limo and Anthony Mrima.

The petitioners, led by human rights crusader Kiriro wa Ngugi, had protested that the Attorney General, the Foreign Affairs Cabinet Secretary and the Kenya International Boundaries Office should not be allowed to “meekly escort Kenya into an international judicial slaughter-house.”

In the event Kenya lost the case, they claimed, it would be virtually land-locked with minimised access to the Indian Ocean. 

Territorial integrity

During the hearing of the application before Justice Korir, Solicitor-General Kennedy Ogeto (pictured) had argued that the State was justified to participate in the boundary dispute at the ICJ in line with its obligations to international treaties and covenants.

He said the State Law Office, the Foreign Affairs ministry and the Kenya International Boundaries Office “have been making steps whose ultimate aim is the protection of Kenya’s territorial integrity and political independence as a constitutional democracy.

The three-Judge Bench will first handle an application for conservatory orders by the petitioners, which was declined by Justice Korir on July 11, seeking to suspend Kenya’s appearance before the international court. 

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