With respect to the crimes charged and based on the evidence placed before it, the Chamber found that the Prosecutor has established substantial grounds to believe that the crimes against humanity of murder, deportation or forcible transfer and persecution were committed. These crimes resulted in the death of hundreds, and the displacement of thousands of civilians from Turbo town, the greater Eldoret area, Kapsabet town and Nandi Hills.

In October, defense counsel for three Kenyan leaders charged in the ICC with inciting violence [JURIST report] after the December 2007 Kenyan elections argued that prosecutors had not fully investigated evidence that they planned to present at trial. In June, Kenyan Attorney General Amos Wako appealed [JURIST report] the refusal by the ICC to transfer the cases to Kenyan jurisdiction. In response, the ICC called for a hearing "to properly assess the desirability and feasibility of conducting the confirmation of charges hearings in the Republic of Kenya." In March, The ICC issued summons [JURIST report] for six Kenyans suspected of inciting the 2007-2008 post-election violence.