An Assessment of Kenyan Diplomatic Strategies in Managing Its Kenya-Somalia Maritime Border Disputes

Abstract

Kenya has historically been accused of holding a privileged position in the region by her neighbors. One of the issues concerned the persistence of the market inequalities coupled with the centralization of most of the headquarters of the common services in Nairobi, Kenya. This fact posed structural challenges to the East African Common Services Organization (EACSO), creating a center-periphery relations in the region. It is factual that the Geneva conventions on territorial sea and Contiguous zone, the continental shelf, the United Nations Law of the sea and the High Sea are the recognized global regimes on the sea. Okonkwo posits that delimitation of maritime borders can only be classified into four broad categories that include: Provisions of international law, National legislation, judicial decisions and delimitation by agreement. Maritime boundaries are a frequent cause of conflicts. The Memorandum of understanding between Kenya and Somalia over the maritime dispute was signed in 2009. Having sidelined the MoU and Somalia taking Kenya to the International Court of Justice (ICJ) in 2014 gives this research more ground to demystify the main reasons or objectives why Kenya seems to be so much interested in resolving this dispute in the disputed region in the Indian Ocean in an out of court arrangement. Using available literature on how Kenya is going about on the dispute it is embroiled in with Somalia over the maritime boundary, the study seeks to asses Kenyan diplomatic strategies in managing its Kenya-Somalia maritime border disputes. This study used qualitative method of data collection and made use of secondary methods of data collection. This data was retrieved from journal article, books on the dispute, magazines discussing about the ongoing dispute, government websites, recoded interviews of important persons handling the dispute and from United Nations documents.  The findings indicate that Kenya has employed various diplomatic strategies in regards to managing her various border disputes. This has been through threat of military engagement as a preemptive strategy, negotiations and Mediation. The study recommends that various strategies of dispute resolution other than litigation be employed to broaden the scope of resolution of conflicts and to relieve the International Court of Justice .It is covered in the UN Charter but it has not been utilized because the drafters of the charter, most governments and most academics seem to end with an option which has the structures provided for in the International Court of Justice as the most justified means of conflict resolution.

Keywords: Kenyan Objectives, Management, Maritime Boundary

DOI: 10.7176/DCS/9-1-02

Publication date:March 31^st 2024