The 4 and 2 split is consistent with speculation I was hearing last fall at the African Studies Association, but not necessarily with the right defendants confirmed. or dismissed.
It will be very interesting to see how various elements of the Government of Kenya react to this. The Government sought to get the reference withdrawn in the cases and lobbied hard against the cases in the Security Council. Now that the hope of early dismissal has been dashed, the Government will be in a bind, especially with Finance Minister “in the dock”.
Court notes that presumption of innocence continues to apply, but that liberty of the suspects pre-trial is dependent on refraining from incitement and hate speech.
Another 2-1 ruling with a dissenting opinion forthcoming.