The Maritime Question on the Kenya–Somali Border

Abstract

Globally, there are increasing concerns regarding maritime conflicts arising from competition over resources and territorial claims. These conflicts continue to derail efforts for regional integration and the implementation of maritime security strategies aimed at addressing escalating maritime security threats, including human trafficking, arms smuggling, terrorism, organised crime and piracy. Using a case study of the Kenya–Somalia border contestation over the exclusive economic zone (EEZ), this article discusses the genesis of the Kenya–Somalia maritime question. It views the maritime issue as a product of colonial construct. The qualitative study considers the Kenya–Somalia border dispute from two perspectives; firstly, the dispute is a maritime security risk that threatens to worsen the already precarious and vulnerable security situation in the region. Secondly, the dispute is caused by both countries’ efforts to protect their territorial integrity and preserve economic resources, including hydrocarbons found in the disputed area. The findings acknowledged that the decision by the International Court of Justice (ICJ) to integrate the equidistance principle into the delimitation of the contested boundary was effective, given that it embraced the principle of equal access and that no reliable evidence exists to ascertain earlier agreements of demarcation, since existing maritime agreements provided by Kenya were not binding. The article concludes by acknowledging the need for both parties to comply with the ICJ ruling and other international frameworks guiding maritime issues, and the need for both Kenya and Somalia to embrace good neighbourly policies. This article recommends that neither country engages in retaliatory actions, but should instead engage in joint security operations and joint public diplomacy on the necessity of maritime security, sign binding maritime security cooperation agreements, and strengthen their economic and diplomatic interactions, including trade and cultural exchanges.