Uhuru and Ruto can still run, clarifies ICC

The decision on whether presidential candidates Uhuru Kenyatta and William Ruto will vie for the top seat lies with Kenyan judges not the International Criminal Court (ICC), The Hague-based chamber has clarified.

The clarification by the International Criminal Court (ICC) came as defence teams for the Ocampo Six disclosed that the verdict could be released any day before January 23. The ICC will give a one-day notice before the ruling, sources said.

Kenyan laws

On Monday, ICC head of public affairs Fadi El Abdallah said the ruling could either be posted on The Hague website by the three judges or be delivered in an open court ruling.

In response to a stream of questions on the implications of either a committal of the suspects to trial or rejection of the two cases, the ICC explained that the provisions of the Rome Statue did not bar Mr Kenyatta, the Deputy Prime Minister, and Mr Ruto, the Eldoret North MP, from vying for elective positions.

“A candidate’s eligibility in Kenya is governed by Kenyan laws, not by the Rome Statute.

"It is for the Kenyan authorities to interpret and apply the national law in that regard,” they said in a paid up advert in daily newspapers.

The ICC clarification allays fears by supporters of both Mr Kenyatta and Mr Ruto that a confirmation of their cases could lock them out of the election.

They are anxiously waiting for the Pre-Trial Chamber verdict alongside Head of Civil Service Francis Muthaura, Tinderet MP Henry Kosgey, Postmaster General Hussein Ali and Kass FM Radio presenter Joshua Sang.

Judges Ekaterina Trendafilova, Hans-Peter Kaul and Cuno Tarfusser presided over the hearings.

Only the Constitution’s chapter on leadership and integrity can stop them from vying for the presidency.