Kenya took up its United Nations Security Council (UNSC) seat on January 1 for a two-year term following a June 18, 2020 election.
The bid for a non-permanent membership designated for African countries was a tight race that saw ambassadors vote twice when Djibouti and Kenya failed to secure a two-thirds majority.
Nairobi ran on a 10-point agenda: Building bridges; peacekeeping and support operations; regional peace and security; counter-terrorism and prevention of extremism; women, peace and security; youth empowerment; humanitarian action; justice, human rights and democracy; environment and climate change; and sustainable development .
Yet there were two more compelling reasons: Somalia has a pending case against Kenya at the International Court of Justice (ICJ); and Nairobi wants to regain the fading regional and international influence.
Somalia took Kenya to the ICJ for a maritime dispute on the basis that Kenya drew their maritime boundary unilaterally, in contravention of international law. Mogadishu, therefore, wants the court to determine the single maritime boundary between them.
But Nairobi handled the dispute poorly from the onset, and Kenya may actually lose part of “its coastal waters”. Somalia knows it has a strong case; now Kenya hopes to leverage on its UNSC seat to force a diplomatic solution.
Nairobi also hopes to reaffirm its position in Africa. Its regional influence has slowly been diminishing. First, Kenya lost the African Union Commission chair to Chad with neighbours like Uganda, Djibouti and Burundi voting against it.
Just recently, former Foreign Affairs minister Amina Mohammed failed to make it to the shortlist for the World Trade Organisation director-general post.
Secondly, the East African Community (EAC) is crumbling with member states engaged in rows with one another or grappling with instability.
Uganda and Kenya are in dispute over Migingo Island in the shared Lake Victoria. Tanzania and Kenya have had tense relations, the latest being a diplomatic impasse last September over Covid-19 protocols.
Caught up in cold war
Globally, times have changed — nationalism is prevalent and power dynamics and alliances have shifted. Kenya is caught up in the US-China cold war, is enslaved in debt and cannot defend its citizens’ interests abroad.
Countries like Ethiopia are, instead, emerging to fill this void with Kigali becoming the leading technological hub.
Although non-permanent UNSC members are responsible for maintaining international peace and security, real decision-making is vested in the veto powers.
The UNSC will not guarantee support for Kenya in its case with Somalia. In fact, it has the responsibility to enforce ICJ decisions. Mogadishu and Nairobi have allies in the council who, at best, are neutral to the case. In the event of an unfavourable decision, Kenya will have to comply.
Kenya’s foreign policy is more theoretical than practical, its implementation impeded by bad governance and corruption. Nairobi should rethink its policies and embark on defining and strengthening its alliances.
A good place to start would be to offer guidance and leadership on regional conflicts, such as the Tigray crisis. It can begin implementing its 10-point agenda, especially on regional peace and security, even without a UNSC seat.
President Uhuru Kenyatta should also remedy relations with Somalia. Kenya has been a major contributor to the African Union’s peacekeeping mission in Somalia and hosted Somali refugees.
But on December 15 last year, Somalia severed diplomatic ties with Kenya after President Kenyatta met the president of Somaliland, a self-declared nation that is internationally considered as part of Somalia, the previous day. This diplomatic tension threatens regional stability.
Finally, as its foreign debt becomes unsustainable to its economy, let Kenya take back control and reinterrogate its bilateral agreements with China, defend its borders and strengthen relations with other nations. That will be more forthcoming than a UNSC seat.
Ms Sambu is a lawyer with a focus on international law and international affairs. faysambu@gmail.com. s_chepkorir
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