Kenya is on high alert ahead of next month’s judgment on the Indian Ocean boundary dispute with Somalia, which is expected within government circles to be adverse.
The International Court of Justice (ICJ) will announce the decision on October 12, ending a protracted case between the two neighbours that the war-torn Horn of Africa nation filed in 2014.
Its verdict is final. The timing of the judgment – it coincides with the 10th anniversary of Kenyan troops storming Somalia to fight the al-Shabaab terrorists – is also being considered a “slap in the face”.
The Nation has learnt Kenya will not accept a hostile ruling and a decision has been taken within the highest level of government to defy the court.
Some of the court’s verdicts have in the past been disregarded, including by the US, which in 2018 rejected the court’s order that sanctions against Iran should not include humanitarian aid or civil aviation safety.
And in 1986, the US had also attacked the court after it ruled America owed Nicaragua war reparations.
Kenya has also vowed not to accept what it considers “an illegitimate process” by an international entity.
“We are proceeding on the assumption that the verdict will be adverse. The manner in which the court conducted itself when dealing with Kenya, including rejecting a string of merited applications, is a key pointer,” a senior Kenyan official told Nation yesterday.
The official went on: “A lot is being done, including security-wise. It’s a matter with huge national security implications. A nation must guarantee the security and wellbeing of its people.”
According to the official, even what would be considered a compromise by the court would involve surrender of a part of the territory, which is unacceptable to Kenya.