Kenya–Somalia border

Jubaland

An Anglo-Italian treaty of 1891 first split the British and Italian spheres along the Juba River, leaving Kismayo on the British side. Under a treaty of 15 July 1924, fulfilling an undertaking begun in the First World War, Britain ceded about 36,000 square miles of Kenya, known as Jubaland or Trans-Juba, to Italy in 1925, and it was merged into Italian Somaliland the next year. The new line is sometimes called the Milner–Scialoja line after its negotiators.^[1]

A joint commission marked it on the ground. It fixed the pivot at the pool of Damasa so that both sides had equal access to water, moved the line to leave the well of El Sciama with Italy after doubts about the well at El Beru, and found six islets off the headland of Ras Chiamboni instead of the four named in the treaty. The line was confirmed in an exchange of notes in 1933. Somalia became independent on 1 July 1960, and Kenya in December 1963.^[1]

“equal watering facilities should be afforded to both parties”^[1]

The sea boundary case

Somalia argued that the sea boundary should continue in the southeasterly direction of the land border; Kenya that it should turn at the shore and run along a line of latitude, giving it a larger share of an area thought to be rich in oil and gas.^[3] Somalia took the case to the International Court of Justice in 2014. The Court upheld its jurisdiction in 2017, and after hearings were postponed several times at Kenya’s request, held them in March 2021 without Kenya taking part.^[2]

On 12 October 2021 the Court found that there was no agreed boundary along the parallel of latitude and drew a line running out to sea on an azimuth of 114°. It rejected Somalia’s claim that Kenya had violated its obligations in the disputed area.^[2] Kenya’s presidency rejected the judgment “in totality” as “clearly erroneous”; Somalia’s information minister celebrated it.^[3]