Issue No. 512

Kenya and Somalia: Toward what visa regime?
 

Kenyan passport holders now have to obtain a visa before travel to Somalia. This is not a new rule but an old rule which is now more robustly enforced at both the Nairobi and Mogadishu airports. Historically, Kenyan passport holders, especially those who are ethnic Somalis, had the privilege of being allowed to travel to Mogadishu where they could obtain their visas on arrival after paying the mandatory 60 USD fee. This form of unwritten Pan-Somali solidarity played well with Mogadishu’s perception of itself as being the mother of the Somali nation. Technically, under the Somali Constitution all ethnic Somalis in all parts of the Horn are ‘citizens’ of Somalia. There is a clause in the constitution that allows them all privileges of citizenship. Called the ‘irredentist clause’ by some, this has been the source of tensions between Somalia and two of its neighbours – Kenya and Somalia.
 
Today, ethnic Somalis holding Kenyan passports and all non-Somali Kenyans travelling to Somalia are subject to the same rules: they must obtain a visa before travel. Airlines that breach the rule and allow passengers without valid visas to reach Mogadishu are now fined. The new restriction does not necessarily mean Mogadishu is changing its views on ethnic Somali communities beyond its borders (i.e. treating them as foreign nationals). What it means is that Somalia is retaliating against what it perceives to be unfair visa practice by the Kenyan government.
 
For much of the last five years relations between Kenya and Somalia have been worsening over a whole host of issues. A dispute over their maritime border escalated tensions from 2016 onwards. Kenya’s refusal to abide by an International Court of Justice (ICJ) ruling that awarded much of the disputed maritime territory to Somalia inflamed sentiments in Mogadishu. A military and political standoff in the Mandera Triangle nearly triggered armed conflict in 2022. Periodic diplomatic spats and tit-for-tats have almost brought ties to the breaking point of complete breakdown. 
 
These tensions have had a direct bearing on visas. Kenya has had a policy of subjecting even Somali diplomatic passport holders to a strict regime whereby they had to obtain a valid visa before travel. Somalis travelling to Kenya for medical reasons or for short family visits faced many ordeals. Many were forced to part with hefty bribes. Those transiting through Kenya faced similar restrictions. Rude and aggressive behaviour at immigration counters against Somali passport holders became routine.
 
Mogadishu accuses Nairobi of reneging on agreements to ease visa restrictions. The Kenyan system is complex. Political deals between the two states do not easily translate into action. A bureaucracy that profits from a hard visa regime doesn’t see an incentive to make things easy. And so, even when there is will to improve the visa situation, bureaucratic inertia and corruption stymy efforts.
 
Kenya recently agreed to a visa-free deal with Eritrea – a country with which Kenya has limited interactions. The agreement has been interpreted by Somalis as an example of Kenyan double standards. If there is one country that deserves a visa-free arrangement with Kenya it is Somalia, they say.
 
The Federal Government of Somalia has had regular communications with the Kenyan government to discuss the visa problem. Little has been done. In some ways, visas serve as a barometer to gauge the health of bilateral relations. Mogadishu is now pivoting to Ethiopia, where it may find a regime and a bureaucracy more amenable and more sensitive to Somali concerns.
 
Bole airport in Addis has become a growing transit hub for Somalis travelling to Europe, North America, and the Middle East. Bole is also the home of Ethiopian Airlines, a leading African carrier with vast global connections. A visa-free regime between the two states has catalysed increased Somali traffic through Bole. Some experts even predict that Nairobi could be cut off from the bulk of Somali transit traffic.
 
Somalis like Kenya and would prefer to travel to and transit through Nairobi. Somali elites prefer to invest in Kenya. But visa restrictions and a negative mindset in the Kenyan bureaucracy are cited as major impediments and sources of frustration.
 
Somalia has made a formal bid to join the East African Community. It is now being fast-tracked through the accession process. A favourable ruling could be made by the end of this week. One immediate and direct impact will be visa-free access to all member states in East Africa. This will be good news for Somali passport holders who have long complained that the Kenyan regime is rigged against them. Realistically, a functional and smooth visa-free system will take some time, even if Somalia becomes a member of the EAC. But there is now reason to hope the visa situation will get better in the coming years, despite Kenya.