The dispute is about some 100,000sq km of seafloor, believed to be rich in oil and gas.
Kenya has refused to participate in hearings at the World Court about a maritime boundary dispute with Somalia over contested parts of the Indian Ocean, in a dispute that has strained the neighbours’ diplomatic relations.
The case was filed in 2014 by Somalia at the International Court of Justice (ICJ) – the United Nation’s highest court for disputes between states – and a decision could determine rights to exploit oil and gas in the deep waters off the East African coastline
Hearings, when both sides were due to present arguments, were scheduled for this week, but Kenya was not present in the first day on Monday in court or via video link.
“Kenya informed the court by letter, dated March 11 received March 12, that they would not participate,” presiding Judge Joan Donoghue said.
But the court in The Hague would go ahead with hearing Somalia’s case, and would use written evidence provided by Kenya instead, Donoghue said.
On Sunday, Kenyan newspapers reported that the government in Nairobi had decided not to take part, citing “perceived bias and unwillingness” of the ICJ “to accommodate requests for the delaying the hearings” as a result of the pandemic.
The Somali side on Monday criticised Kenya’s move.
“We are deeply concerned that Kenya has decided not to appear at these hearings,” said Mahdi Mohammed Gulaid, opening Somalia’s case. He said it was “inconsistent with the rule of law” and Kenya’s commitment to the court.
Kenya “has no grounds to complain about its treatment by the court” after the ICJ granted three previous requests for delays that held up the case by 18 months, he said.
In its letter, Kenya also reportedly argued that holding the ICJ hearings virtually did not allow it to present its case in the most effective way.
The ICJ on Monday, however, dismissed Kenya’s request for a “30-minute opportunity to orally address the court before the commencement of the actual hearings”.
