The High Court in Kenya will rule November 7 on whether the East African nation should continue participating in proceedings on the maritime case with Somalia at the International Court of Justice.
Petitioners seeking Nairobi’s boycott of the proceedings told the court Friday Kenyan government should put national interests first noting should the ICJ rule in favour of Somalia then the country’s territorial integrity will be compromised.
Through their lawyer Kibe Mungai, the petitioners said the country’s borders can only be altered through a referendum and that submitting to the jurisdiction of the ICJ could potentially yield such a result.
But the State through lawyer Paul Nyamodi told justices Kanyi Kimondo, Robert Limo and Anthony Mrima the government was committed to participating in the case until its logical conclusion. The petitioner’s pleas are based on the assumption the ICJ will rule in favour of Somalia, Nyamodi said.
“Kenya will participate responsibly before the ICJ. The petition is not merited because it invites the court to agree with the assumptions of the petitioners,” he argued.
The ICJ Thursday announced it had granted Kenya its wish for an extension but not for one year as earlier sought. The public proceedings will take place between June 8 and 12, 2020.