ICC prosecutor Luis Moreno Ocampo intends to use a speech made by President Kibaki as part of his evidence against Deputy Prime Minister Uhuru Kenyatta, Head of Public Service Francis Muthaura and former Police Commissioner Hussein Ali. The speech is among preliminary evidence provided by Ocampo against the six suspects that he wants tried for crimes against humanity. 
Confirmation hearings against Eldoret North MP William Ruto, Tinderet MP Henry Kosgey and radio journalist Joshua arap Sang will be on September 1. Hearings against Kenyatta, Muthaura and Ali will be on September 21. Ocampo's "incriminating evidence" includes a speech delivered by President Kibaki on April 13, 2008 during the announcement of the grand coalition government.
As part of the ongoing disclosures to the lawyers of the three suspects, Ocampo believes that Kibaki sentiments linked Uhuru, Muthaura and Ali to the poll violence that followed the 2007 presidential election. The speech is numbered KEN-OTP 0033-0437 on the ICC official website. It is not clear what could be evidence in the speech apart from confirmation that some leaders apparently believed in ethnic cleansing. “Every citizen must enjoy the right to work and to reap the benefits of his or her labour anywhere in the country without hindrance. And, therefore, the attitude, especially among some leaders, that communities should be restricted to particular areas or that some Kenyans can be perceived to be foreigners in some parts of the country is backward and unacceptable,” said Kibaki. “Foremost, is the plight of our people – men, women and children – evicted from their homes and farms by the recent mindless violence and hooliganism. In that regard, my government has increased security presence in the affected areas in order to prevent a recurrence of the violence and mayhem,” said Kibaki. Kibaki added that the government was the displaced people to resettle on their farms.
Also listed as incriminating evidence against Uhuru, Ali and Muthaura is a report touching on intrigues behind the exit of former President Kibaki’s Strategic Policy adviser Stanley Murage from State House. He was appointed in 2004 but removed in January 2008 at the height of post-election violence.
Another piece of evidence against the three is the work authored by scholar and PNU strategist Peter Kagwanja titled “Facing Mount Kenya or Facing Mecca? The Mungiki, ethnic violence and the politics of the Moi succession in Kenya, 1987–2002."
Also listed as evidence against the three are the reports of the Waki Commission and the Kriegler Commission, newspaper cuttings, the Human Rights Watch report entitled "From Ballots to Bullets", and the Kenya National Commission on Human Rights report titled “On the Brink of the Precipice: A Human Rights Account of Kenya's Post 2007 Election."
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