Vice President William Ruto, national broadcast director Joshua Sang and President Uhuru Kenyatta are suspected by the ICC of committing war crimes in Kenya during the political violence that followed 2007 elections.
An appeals chamber of the ICC said Tuesday it would deliver its judgment on whether Ruto would get a conditional excuse from his trial by the end of the week.
Ruto said from The Hague, Netherlands, last week he wanted to return home to tend to his national obligations, calling on the ICC to move forward without him.
Kenya is still reeling from last month's terrorist attack by al-Shabaab on an upscale shopping center in Nairobi. Ruto's case was adjourned briefly last month so he could return home to help coordinate the response to the attack.
Kenyatta is scheduled to appear before the ICC next month. Ruto said he'd cooperate with the ICC if granted a conditional excuse. Kenyan leaders facing trail at the ICC say they're innocent.
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