ICC prosecutors have accused six political and business figures of involvement in the 2007-08 violence that killed more than 1,200 people. All six say they are innocent of the charges.
In March, Kenya’s government objected to the proceedings, arguing adoption of its new constitution and other reforms had opened the way for it to conduct its own prosecution.
The court said that pre-trial judges had found that Kenya’s request did not provide “concrete evidence of ongoing proceedings before national judges” against the six suspects.
The pre-trial judges added that Kenya did not provide information on any crimes or incidents over which the suspects are being investigated or questioned.
They added the court lacked information about the dates when investigations, if any, had commenced and whether the suspects were actually questioned. ICC judges were not given Kenyan police or prosecution reports about any questioning.
Consequently, the court ruled that it “cannot but determine that the case is admissible.”
The Kenyan government can still file an appeal against the ICC decisions within five days.
The six accused men are Finance Minister Uhuru Kenyatta, Cabinet Secretary Francis Muthaura, Postal Corporation chief Hussein Ali, suspended government ministers William Ruto and Henry Kosgey, and radio executive Joshua Arap Sang.
Prosecutor Luis Moreno-Ocampo accused government officials on Sunday of creating a “climate of fear” through a campaign to halt the ICC’s probe that was intimidating potential witnesses and undermining national and international investigations.
Last month the U.N. Security Council shelved a request by Kenya to defer the ICC proceedings.