As we move forward please consider the following views by scholars. I am personally familiar with the work of all three of these scholars, and I respect their views.
Jendayi Frazer--former US Assistant Secretary for State for African Affairs, former Harvard Kennedy School Professor, and current adjunct senior fellow for Africa Studies at the Council on Foreign Relations-- critiques the role of the ICC in the recent Kenyan election. She makes several important points that I think are worth noting. First, she notes that The Supreme Court of Kenya correctly allowed Uhuru Kenyatta to run on February 15, 2013 because the ICC cannot bar candidates. Second, she argues that the ICC was pre-emptively trying to try and convict Uhuru Kenyatta in the court of public opinion. Further, she states that the ICC's legitimacy has been compromised by the fact that Luis Moreno Ocampo has only found cases of atrocities and crimes against humanity in Africa. ICC has Fallen Fromt the High Ideals of Global Justice, Accountability, Jendayi Frazer Daily Nation, March 16, 2013. Most importantly, she states that "Kenya's new institutions must be respected and allowed to operate autonomously."
"The Supreme Court would most likely nullify the presidential vote if it's proved the numbers tampered with were sufficient to cannibalise the 'will of the voters.' But this is a tall order, and the statistical evidence must be damn near impeccable."
Food for thought, indeed.