On Sunday, Kenyan media reported about the withdrawal from the Maritime case now in front of the International Court of Justice (ICJ). However, Kenya’s claim to the Somali Sea is still intact and could backfire.
The reasons for the withdrawal that the Kenyan administration had put forward are the challenges posed by COVID-19 (financial, mobility, technology limits) and… a Somali judge at the Court.
President Uhuru Kenyatta and former President Mwai Kibaki have misled their people: this claim on the Somali Sea is dubious from the start. In fact, if Kenyans opened their eyes, they would find that these two politicians have a personal stake in this claim.
Besides, Kenya took advantage of the South Somali sea while Somalia was in its darkest time and corrupt Somalis were dancing to Uhuru’s tune. Anyone can imagine the Lamu Fishermen Association anxiety at the idea they will soon lose their unopposed stranglehold on Somali sea wealth. It’s hard to let go of something you’ve kept too long that doesn’t belong to you. The Lamu residents impoverished by the Chinese takeover on their island would do better going after their president instead.
By hosting, cuddling, bribing Somali politicians for the last 30 years, the Kenyans have created a large following. Take for example the ovation Uhuru received from Somali MPs when he gave a speech at President Mohamed Abdullahi Farmajo’s inauguration.
Kenya owes to Somalis who fled the civil war in their country. They have transformed the Eastleigh poor neighborhood into a buzzing and thriving community. They invested time and money and even gave great confidence to locals who are now going into business, an area previously exclusive to Asian expats.
Kenya profited from a weak Somali government to illegally enter goods in Somali without paying any duty and taxes. For so long, Kenyans took everything for granted they can’t fathom a functioning government exist in Somalia and it can say NO to their lust. It’s painful to see the wrong choices the Kenyatta administration took now impact Khat exporters’ livelihood.
For a time, Nairobi was the de facto capital of Somalia, institutions, government and parliamentarians meetings, chancelleries, aid organizations, and other venues on and about Somalia were based or held in Nairobi. Kenya made trillions out of Somalia’s demise.
Before a Somali government was reinstalled in Mogadishu, up until the current Farmajo administration, corrupt leaders moved public money to Kenya and invested in real estate mainly. These individuals created a mafia-like class whose Nairobi is their lifeline.
Kenya invaded Somalia in 2011, two years after a corrupt politician impressed by Kenyan largesse signed a Memorandum of Understanding, and now Kenya forces occupy the southern Somali region. With a strength of over 6,000 troops on the ground, it is useless to wonder if Kenyans will be leaving Somalia anytime soon, even if asked nicely.
Current Somali government understands Kenyan presence in Somalia is not only about securing their claim to the Somali Sea but more about illegal charcoal trade and killing in the bud any desire for order and sovereignty. Recent deadlock in Somali elections has shown how plentiful are their minions.
Back to the Kenyan Sea claim, a case forced on Somalia in a time Somalis were struggling to build a functional government. It is worth noting Kenya never had a border issue with Somalia prior 2009 Memorandum of Understanding. On the other hand, they illegally obtained the NFD, a Somali territory.
When one looks carefully why Kenya withdrew now from a case they willfully delayed three times, it is apparent their rotten friends have failed to replace Farmajo’s administration. Uhuru put too much hope, time, money in them, he failed.
It is also interesting that Kenya’s Attorney General Kihara Kariuki comes up with lame excuses worthy of a dunce. Painting his country as a poor country crippled by the COVID-19 pandemic and civil servants like him are unable to face a nation they’re occupying their land and using puppet politicians to meddle in its internal affairs.
It should be noted Kenya’s 2020 budget was 30 Billion USD compared to Somalia’s 460 Million USD. It would be nonsense to compare a well-developed nation by African standard with a Human Development Index (HDI) of 0.601 in 2021 to a country whose last known HDI is 0.265.
Now, about Abdulqawi Yusuf! Mau Mau survivors went to fight in the court the same people who committed those infamous atrocities. Kenyans put their faith the British system that failed them once. They had a good case and they went all the way up.
This strange mentality, inherited from the colonials, of reducing Africans counterparts to emotions and tribes and upholding White people to a status of veneration is damaging to Kenyans and, by extension, to all Africans.
If Somalis were to follow Kenya’s tribalism mindset, they would, for example, request that all French and Italian judges be removed from the panel since their companies, Total and Eni in particular, illegally obtained offshore blocks from Kenya.
Judge Abdulqawi Yusuf is an integral part of a well-established justice system, he has no power to change the rules or even influence his colleagues’ reasoning. Although he is Somali, he made a name for himself at a time when Somalia was consuming itself and had no influence on the international scene.
If Kenya has been chosen by various international organizations, it’s not only for its geographical location but for its relative peace. With peace you can thrive and flourish but since it seems that Uhuru, once accused of war crimes and police brutality in 2017 post-election, now wants to do away from that and has an imperial plans. Constant “Peace and milk” is too boring for Uhuru and his supporters.
Kenyatta decided to side with Somali warlords like Ahmed Madobe and Abdirashid Janan in Jubaland and organized a cross-border militia attack against Somali civilians in Balad-Hawo. He installed Ahmed Madobe as a president of Jubaland in an illegal and rigged election and subverted the AMISOM mandate to shield him from the Federal Government.
Uhuru planted his mafia-like friends to wreak havoc in Somalia but, in a near future, he will taste the bitterness of the seeds he sowed. For his disappointment, this year, Somalis would elect a leader who cares about his people’s peace, unity and prosperity. Next year, it is Kenyans turn to do the same. They will either choose Uhuru Kenyatta and his confrontational politics or peace at the border and prosperity at home.
