A few days ago, the media reported that the Federal Government of Somalia has sued Kenya at the International Court of Justice.
The country is seeking the court's intervention in resolving a long-drawn maritime boundary dispute.
If this case succeeds, Kenya risks becoming a landlocked country as Somalia has laid claim to almost all of Kenya's territorial waters in the Indian Ocean. Though it is widely believed that the case does not stand a chance, the government has assembled a team of renowned legal experts to represent Kenya.
The government is handling the matter with caution because it does not want to jeopardise its relations with our war-torn neighbour. However, this approach has generated a number of questions.
If Somalia believes in the spirit of good neighbourliness and values Kenya's immense contribution towards its reconstruction, why sue before all channels of negotiations have been exhausted?
Government officials have rebutted the impression created by Somalia's leadership that it sought their intervention but they did not act. Can Somalia produce evidence to back its claims? And even if the officials did not take the matter seriously, one would have expected them to bring it to President Uhuru's attention. They didn't.
On the eve of Uhuru's recent visit to the US, the media reported that he was scheduled to deliberate on the issue with his Somalia counterpart Hassan Sheikh Mohamud. However, it remains unclear whether the meeting took place.
Attorney General Githu Muigai is due to meet the president of the ICJ. This follows a meeting with officials of the Law of Seas Commission, who advised him to lodge his petition with the court.
Somalia accuses Kenya of encroaching on its high sea waters. This claim was first made 42 years ago through a decree issued by dictator Mohamed Siad Barre.
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Local and international legal experts say the boundaries of the East Africa region are legally bound and well-documented, not only by Kenya, but other continental and world agencies such as the United Nation and African Union.
The move by Somalia is viewed as having been purely driven by economic and political considerations and timing can attest to this argument.
Whereas one of the fundamental principles of domestic and international law is that justice delayed is justice denied, the first question that comes to mind is: If Somalia believes that it has a strong and legitimate case, why has it taken them so long to pursue the matter?
The latest claim was made a few months after an Australian company prospecting off Kenya's coast discovered fields of oil and gas.
Somalia wants the ICJ to declare that the five oil blocks are not located in Kenya and order them transferred to their territory. It also wants to take control of fishing in the deep seas.
The actions by Somalia are unfortunate, regrettable and uncalled for. Why would they target a key and close ally in their war against terror?
Kenya has stood with Somalia in the fight against al Shabaab, who have been blamed for the breakdown of law and order and frustrated the efforts to rebuild the country.
Kenya deployed its troops to Somalia in October 2011 and ever since, KDF and AU soldiers under Amisom have recaptured key towns and ports from the militants.
We hope Somalia will reconsider and withdraw the case. I am sure Kenya is ready and willing to listen to them and sort out the matter for the common good of the citizens of the two countries.
Mutua Ndonga comments on topical issues. mutuandonga@yahoo.com
