MPs Table Motion to Deploy KDF To Contested Maritime Border

Majority Leader Aden Duale and Minority leader John Mbadi have tabled a motion in parliament concerning the disputed maritime border with Somalia.

The two, while raising the motion in parliament, urged their fellow lawmakers to support the motion to compel the government to deploy the Kenya Defense Forces (KDF) to the border in the event that more friendly dispute resolution mechanisms fail to bear fruit.

Article 241 (3) of the Constitution states that ‘the Kenya Defense Forces is responsible for the defense and protection of the sovereignty and territorial integrity of the Republic and may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly.”

The fact that the motion has been tabled by representatives of the two political divides is sign enough that Kenya is willing to do whatever it takes to retain its territory.

The mover of the motion, however, stated that the deployment of KDF will only be applicable in the event that all possible amicable ways of resolving the dispute by the African Union (AU), Intergovernmental Authority for Development (IGAD) and East African Community (EAC) fail.

Somalia had sued Kenya at the International Court of Justice (ICJ) in the Netherlands concerning the disputed maritime boundary.

The hearing is set to begin on September 9. Should the ICJ rule in favor of Somalia, Kenya risks losing up to 100,000km2 of the sea, which is 26 percent of its economic zone and 85 percent of the continental shelf as well as access to international waters.

A ruling in favor of Somalia would also mean that Somalia will extend their territory by up to 50 miles from Kenya’s tourism resorts, which Aden Duale says will expose Kenya, especially Lamu to more Al-Shabaab attacks.

“This House resolves that the Government upholds and protects the boundaries of the territory of Kenya, unless the People of Kenya resolves by way of referendum, to alter the territory of Kenya as contemplated under Article 255(1)(b) of the Constitution as read together with section, 3(3) of the Treaty Making and Ratification Act, (No. 45 of 2012),” said Duale.

Kenya also accused Somalia of auctioning oil blocks 230,231, 232, and 233 during the Africa oil week in Cape Town, South Africa, and even anticipating the signing of the final production sharing agreements for the oil blocks on December 9, even though the area is still contested.