When a presidential candidate is charged with grave crimes

In its verdict, the panel of five judges pointed out that the Court lacked the jurisdiction to deal with questions of qualification or disqualification of persons nominated to run for president. It ruled, instead, that only the Supreme Court had exclusive jurisdiction over the matter. This ruling paves the way for Kenyatta, a current Deputy Prime Minister, and his running mate, William Ruto, a former cabinet minister, to run for president and deputy president respectively.

Praised by some as a correct legal decision, and an appropriate one given Kenya's current political context and sensitivities, the ruling has also animated diverse opinion with some arguing that the High Court should not have heard and dismissed the case if it was outside its jurisdiction. Others have observed that the decision watered down the leadership and integrity standards as required in chapter six of Kenya's new Constitution. It is not yet clear whether or not the matter will be elevated to the Supreme Court.