They are among four suspects who had their charges confirmed by the court based in the Dutch city of The Hague. Others are civil service head Francis Muthaura and Kass FM presenter Joshua arap Sang.

Unless the ruling by the ICC Pre-Trial Chamber II is overturned on appeal, the suspects face lengthy legal battles for their freedom.

But it was a good day for Postmaster-General Hussein Ali and Tinderet MP Henry Kosgey who were discharged for lack of evidence.

President Kibaki immediately ordered Attorney-General Githu Muigai to constitute a team of legal experts to advise the government on the way forward.

One of the thorny issues which will occupy the team will be whether Mr Kenyatta, the Deputy Prime Minister and Minister for Finance, and Mr Muthaura can continue holding their positions.