THE TRANSBOUNDARY MARITIME DISPUTE BETWEEN KENYA AND SOMALIA IN THE WESTERN INDIAN OCEAN
Abstract
Purpose of the Study: The study examined the dynamics of the transboundary maritime dispute between Kenya and Somalia in portions of the Western Indian Ocean.
Problem Statement: Kenya and Somalia hold overlapping claims over an estimated 100,000 km² of contested maritime space believed to contain significant fisheries and offshore hydrocarbon deposits. Although the International Court of Justice issued a delimitation judgment in October 2021, it resolved only the legal boundary and left the broader political and diplomatic dimensions of the dispute unresolved. No cooperative framework for joint resource management exists between the two states, creating regulatory uncertainty and heightened vulnerability of shared marine ecosystems to illegal exploitation.
Method/Methodology: The study adopted a mixed-methods research design integrating descriptive and longitudinal approaches. Primary data were collected from 151 respondents (75.5% response rate from a target of 200) through structured questionnaires and key informant interviews. Respondents were drawn from security agencies, government institutions, civil society organizations, maritime authorities, and academic institutions in both Kenya and Somalia, selected through purposive and snowball sampling.
Results of the Study: The findings established that the dispute is multidimensional. The strongest consensus was recorded on the contribution of historical and colonial boundary interpretations to the dispute's persistence (70.20%). Competing maritime boundary claims were recognized as a primary driver by 66.22% of respondents, while offshore natural resource competition was identified by 65.57%. The dispute was also found to affect economic cooperation and maritime resource utilization (60.26%) and to undermine maritime security and regional stability (57.61%).
Conclusion and Policy Recommendation: The study concludes that the Kenya–Somalia maritime dispute is shaped by the interaction of competing boundary claims, historical interpretations, resource interests, and maritime security concerns. Managing the dispute sustainably requires an integrated framework combining legal adherence, permanent bilateral maritime dialogue, confidence-building, regional cooperation, and joint maritime resource governance.
Keywords: Dynamics, Transboundary Maritime, Dispute, Kenya And Somalia, Western Indian Ocean
References
African Union. (2014). Africa's Integrated Maritime Strategy (2050 AIM Strategy). African Union Commission.
Braun, V., & Clarke, V. (2006). Using thematic analysis in psychology. Qualitative Research in Psychology, 3(2), 77–101.
https://doi.org/10.1191/1478088706qp063oa
Bueger, C. (2015). What is maritime security? Marine Policy, 53, 159–164. https://doi.org/10.1016/j.marpol.2014.12.005
Buzan, B., & Wæver, O. (2003). Regions and powers: The structure of international security. Cambridge University Press. https://doi.org/10.1017/CBO9780511491251
International Court of Justice. (2021). Maritime delimitation in the Indian Ocean (Somalia v. Kenya): Judgment of 12 October 2021. https://www.icj-cij.org
Hong & J. M. Van Dyke (Eds.), Maritime boundary disputes, settlement processes, and the law of the sea (pp. 19–38). Martinus Nijhoff.
Kamau, P. (2019). The Kenya–Somalia maritime dispute: Economic stakes and regional implications. Kenya Institute for Public Policy Research and Analysis.
Khadiagala, G. M. (2013). Regional cooperation on peace and security in Africa. Woodrow Wilson International Center for Scholars.
Mureithi, L. (2021). Kenya's blue economy strategy and maritime governance in the Western Indian Ocean. African Journal of Maritime Affairs, 3(1), 45–62.
Murunga, G. R. (2019). Kenya–Somalia maritime dispute: Implications for regional security and diplomacy in the Horn of Africa. Journal of Eastern African Studies, 13(4), 650–666. https://doi.org/10.1080/17531055.2019.1653107
Mwakio, P. (2022). Kenya–Somalia maritime relations after the ICJ ruling: Prospects and challenges. African Security Review, 31(2), 112–128.
Nyinguro, P. O. (2015). Maritime security and diplomacy in the Western Indian Ocean region. African Security Review, 24(3), 289–301. https://doi.org/10.1080/10246029.2015.1050435
Odhiambo, G. (2017). Maritime governance and regional cooperation in East Africa. Journal of African Security Studies, 9(2), 75–92.
Putnam, R. D. (1988). Diplomacy and domestic politics: The logic of two-level games. International Organization, 42(3), 427–460. https://doi.org/10.1017/S0020818300027697
Samatar, A. I. (2018). Geopolitics and maritime resource competition in the Horn of Africa. African Affairs, 117(468), 387–409. https://doi.org/10.1093/afraf/ady012
Schofield, C. (2009). The trouble with islands: The definition and role of islands and rocks in maritime boundary delimitation.
Voyer, M., Quirk, G., McIlgorm, A., & Azmi, K. (2018). Shades of blue: What do competing interpretations of the Blue Economy mean for oceans governance? Journal of Environmental Policy & Planning, 20(5), 595–616. https://doi.org/10.1080/1523908X.2018.1473153
