One of the suspects, Deputy Prime Minister Uhuru Kenyatta, is contesting next week's presidential elections.
BBC: ICC Kenyatta trial 'may be delayed' on defence complaint
Deputy Prime Minister Uhuru Kenyatta is ahead of Musyoka's boss in the vote count three days after the election Monday.
And I think he is going to make a move on Uhuru.
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Eight candidates are standing for president on 4 March, but Mr Odinga and Deputy Prime Minister Uhuru Kenyatta are considered the two frontrunners.
Mr Uhuru and Mr Ruto - rivals in December 2007 poll - are due to go on trial in April in The Hague.
On behalf of the President and the people of the United States, we congratulate Uhuru Kenyatta on his election as president of Kenya.
The nightmare scenario envisioned by every Kenyan to whom I have spoken makes clear that the candidate on the margin is Uhuru Kenyatta.
He drew nearly 1m people to Uhuru Park in central Nairobi on a recent visit, far more than would attend a political rally.
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Deputy Prime Minister Uhuru Kenyatta said he was discouraged by the news but he was sure the security situation would be brought under control.
Of the total eight candidates, there are two main front-runners: Uhuru Kenyatta and Raila Odinga, the sons of the nation's first president and vice president, respectively.
Partial returns Tuesday showed an early lead for Deputy Prime Minister Uhuru Kenyatta, the son of Kenya's founding president and who faces charges at the International Criminal Court.
Mr Muite criticised the ICC's chief prosecutor for charging Mr Uhuru and Mr Ruto, instead of Mr Kibaki and Mr Odinga - the main candidates in the 2007 election.
NAIROBI, Kenya (AP) Uhuru Kenyatta was sworn in as the Kenya's fourth president Tuesday in a stadium filled with tens of thousands of Kenyans and a dozen African leaders.
Mr Waititu is a supporter of deputy Prime Minister Uhuru Kenyatta, one of four prominent Kenya facing trial at the International Criminal Court (ICC) in connection with the election violence.
The decision saw a number of key members of Kanu such as Raila Odinga and then Vice-President George Saitoti walk out of the party and away from Mr Moi's "Uhuru Project".
Odinga's ODM once again wanted supporters to join a demonstration Friday in Uhuru Park, but CNN's Kim Norgaard said a heavy police presence was preventing protesters from making their way to the site.
Huge crowds dressed in red - the colour of his party - cheered and sang as Mr Kenyatta gave his final address in the Uhuru stadium that shares his first name - meaning "Freedom" in Swahili.
NAIROBI, Kenya (AP) Kenya's election commission posted complete results early Saturday showing that Deputy Prime Minister Uhuru Kenyatta prevailed in the country's presidential elections by the slimmest of margins, winning 50.03 percent of the vote.
Nairobi, Kenya (CNN) -- Four Kenyan officials, including Deputy Prime Minister Uhuru Kenyatta, will stand trial on human rights violations that are alleged to have occurred after the 2007 election, the International Criminal Court ruled Monday.
CNN: Kenyan leaders to stand trial on human rights violations
Prosecutor Fatou Bensouda said the decision to drop charges against former Cabinet Secretary Francis Kirimi Muthaura in connection with post-election violence in 2007 had nothing to do with last week's election of Uhuru Kenyatta as Kenya's next president.
NAIROBI, Kenya (AP) Kenya's Supreme Court on Saturday upheld the election of Uhuru Kenyatta as the country's next president and the loser accepted that verdict, ending an election season that riveted the nation with fears of a repeat of the 2007-08 postelection violence.
"The coming together of the main political leaders during the two key presidential debates and their pledge to peace during the National Prayer Meeting at Uhuru Park last Sunday is commendable and will hopefully jell Kenyans to maintain peace during the elections, " it said.
Well, the message seems to have got through and much to the relief of all, bar a few incidents, the much-watched election went off without incident and, what is more, the announcement of Uhuru Kenyatta as the winner of the presidential race brought no incidents.
Monday's poll is expected to be a close contest between Prime Minister Raila Odinga and one of his deputies, Uhuru Kenyatta, who is due to stand trial at the International Criminal Court (ICC) later this year for allegedly orchestrating violence after the disputed 2007 election.
The political coalition of Deputy Prime Minster Uhuru Kenyatta the candidate that faces charges at the International Criminal Court and is the son of Kenya's founding president accused the British high commissioner of "shadowy, suspicious and rather animated involvement" in efforts to get the election commission to make a decision on how rejected ballots should be counted in the overall vote total.
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