Judges at the International Criminal Court (ICC) on Monday confirmed receiving an application by the Kenya government that seeks to quash the post election violence cases on grounds that they are inadmissible before the court.
The Judges however said the application will not stop ongoing cases against the Ocampo six.
"The Judges of Pre-Trial Chamber II have received the Application on behalf of the Government of the Republic of Kenya pursuant to Article 19 of the ICC Statute and are currently in the process of reviewing the application," a statement posted on the ICC website said.
"The Rome Statute and the Rules of Procedure and Evidence do not provide for any specific time-limit during which the Judges should make a decision regarding this application, and the ongoing judicial proceedings will not stop."
The Kenyan government had filed the application on March 29 pursuant to Article 19 of the Rome Statue that established the ICC.
Under Article 19, a State may challenge the admissibility of a case before the ICC on grounds that it is investigating or prosecuting the case in question or has investigated or prosecuted the said case.
This opportunity is only afforded once.
"This is to confirm that Counsels, Sir Geoffrey Nice Q.C. and Rodney Dixon, Barrister-at-Law have today, on behalf of the Government of Kenya, filed an application pursuant to Article 19 of the Rome Statute establishing the International Criminal Court (ICC), respectfully requesting the Pre-Trial Chamber to determine that the two cases currently before the ICC are inadmissible before the ICC," said a statement from Attorney General Amos Wako's office at the time.