| Summary: | This research study is conducted on the situation in Kenya before the International Criminal Court, more specifically on the case of Uhuru Mugai Kenyatta, the current president of the Republic of Kenya. Kenyatta‟s involvement in the 2007/8 post election violence in Kenya and his subsequent rise to power as the head of state has become an interesting subject of study under international law. The ICC quest for legal accountability to international crimes against a defiant political leadership in Kenya has prompted the author of this research to formulate three legal questions. The first question concern the immunity entitlement of heads of state before international courts; the second issue question the legality of court attendance by way of video conference and the third question purports to elucidate the consequences of withdrawal of Kenya‟s membership from the Rome Statute and the resulting impact, as well as a default in cooperation obligation. The research methodology employed is the expository research of the doctrinal method which is more prevalent among legal scholarship. The reason for such method is the absence of empirical data for analysis; rather it is concern with the presentation of systematic explanation of legal principles and doctrines of international law. Finally the research findings show coherence in the denial of immunity of heads of state before courts of international jurisdiction. On the question of an accused attendance in court, the research revealed a meager legal literature or legal basis under international law, however such permission may be granted on exceptional cases by the ICC. The research findings does not conclude on a non compliance on the part of Kenya, however this may be inferred from the factual situation and that withdrawal by Kenya will have no effect on Kenyatta‟s case or Kenya‟s international obligations under the Rome Statute.
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