cc Sanjoy GReflecting on the standoff between Uganda and Kenya in the Migingo Island dispute, Korir Sing’Oei considers the nature of each state's claim on the island. With both Uganda and Kenya claiming their right to the island on the strength of colonial-era maps, Sing’Oei states that a resolution on the matter will identify the losing state as having transgressed international law. Pointing out that the Migingo case raises interesting questions around citizenship and Africa's incomplete decolonisation, Sing’Oei argues that greater involvement for the East African Community at large would facilitate dialogue between the two disputing states.
Kenya and Uganda have recently laid claim on Migingo, a tiny islet of Lake Victoria, which has been described variously as ' a rock', 'one hectare of land floating on Lake Victoria' and a 'hostile rock without vegetation'. Both countries claim that Migingo is part of their territory, Uganda based on colonial maps and Kenya on the basis of the same colonial maps and the further claim that the island is inhabited by members of a Kenyan community, the Luo. One hundred and forty million Kenyan shillings (US$2 million) have been allocated for the process of ‘surveying’ to determine the actual ownership of the island. Without going into the merits of expending this colossal amount of funds – which arguably could have found a better use in meeting the dire needs the post-electoral displacements in Kenya – I will attempt to shed light on the international law issues that this dispute raises.
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