19 April 2025.
On 26 March 2025, Kenya officially recognised Kosovo as an independent State, marking the first such recognition of Kosovo in nearly five years. The Ministry of Foreign Affairs and Diaspora of the Republic of Kosovo “welcome[d] Kenya’s decision to recognize the Republic of Kosova,”[1] confirming that the country would begin the process of establishing formal diplomatic relations with Kenya. The State Department of Foreign Affairs of Kenya announced that “Kenya has recognised Kosovo in the interest of international peace and security, territorial integrity and in furtherance of strengthening relations with countries in the Balkans.”[2] This decision was confirmed by Kosovo’s President Vjosa Osmani and followed a formal communication from Kenyan President William Ruto to the Kosovan presidency.[3]
This decision has already strained relations with Serbia, which condemned the move as a violation of international law and United Nations Security Council Resolution 1244. “The Ministry of Foreign Affairs of the Republic of Serbia strongly condemns the decision of the Republic of Kenya to recognize the unilaterally declared independence of the so-called ‘Kosovo,’” the statement said.[4] Beyond bilateral implications, Kenya’s recognition may catalyse a reassessment of Kosovo’s status by other states, potentially sparking new recognitions and impacting global debates on unilateral declarations of independence and state succession.
Recognition and State Succession Context
Through its recognition of Kosovo, Kenya acknowledged the fact of state succession – secession of Kosovo from the Republic of Serbia via its 2008 Declaration of Independence. Importantly, Kosovo did not claim succession to Serbia’s international legal personality or its international rights and obligations. Kenya’s official statement did not contain any reference to legal aspects of state succession. The Kenyan Foreign and Diaspora Affairs specifically mentioned that “Kosovo’s declaration of independence on 17th February, 2008, received the endorsement of the International Court of Justice,”[5], referring to the Court’s 2010 Advisory Opinion, which concluded that the declaration did not violate international law. [6]
State Succession Challenges
Kenya’s recognition statement, as well as open-source reporting, contains no indication that Kosovo has succeeded to Serbia’s international legal rights or obligations. Kosovo declared independence as a new State created through secession, without claiming to inherit Serbia’s legal personality or positions in international relations. However, Kosovo’s 2008 Declaration of Independence includes a provision stating that Kosovo’s authorities “undertake the international obligations of Kosovo, including … treaty and other obligations of the former Socialist Federal Republic of Yugoslavia (SFRY) to which we are bound as a former constituent part.” [7] This seems to give rise to legal uncertainty over the succession of SFRY-era treaties in the context of Kenya’s relations with Kosovo.
The historical context is also significant. Serbia, as successor to the SFRY, and Kenya established formal diplomatic relations on 17 December 1963 through a Protocol on the Establishment of Diplomatic Relations.[8] These relations were maintained by Serbia through its state continuity after the dissolution of the SFRY. Kenya’s recognition of Kosovo now affects its diplomatic and political relations with Serbia, but it does not raise legal questions of state succession vis-à-vis Serbia’s international legal rights and obligations over Kosovo’s territory or population.
In legal terms, Kenya’s recognition of Kosovo does not engage issues of state succession vis-à-vis Serbia. However, Kosovo’s declared intention to respect certain SFRY treaty and other obligations introduces an element of uncertainty regarding the potential application of such obligations in its relations with other states that were parties to treaties with the former SFRY, including Kenya. The actual legal effects of this undertaking depend on Kosovo’s state practice, particularly whether it invokes or applies SFRY-era treaty provisions in its diplomatic or legal relations with Kenya and similarly situated states.
[1] https://x.com /gervallaschwarz/status/1904961789537681915
[2] https://x.com /ForeignOfficeKE/status/1904961001839317489
[3] https://euronews.al /en/kenya-recognizes-kosovos-independence-osmani-a-just-decision-and-major-diplomatic-step/
[4] https://staging.the-star.co.ke /news/realtime/2025-03-27-serbia-condemns-kenyas-recognition-of-kosovo-as-independent-state?utm_source=chatgpt.com
[5] https://x.com /ForeignOfficeKE/status/1904961001839317489
[6] https://www.icj-cij.org /sites/default/files/case-related/141/141-20100722-ADV-01-00-EN.pdf
[7] http://old.kuvendikosoves.org /common/docs/Dek_Pav_e.pdf
[8] https://www.mfa.gov.rs /en/foreign-policy/bilateral-cooperation/kenya