The International Criminal Court has confirmed cases against four of the Ocampo Six suspects.
Those to face trial are Deputy Prime Minister Uhuru Kenyatta, Civil Service Chief Francis Muthaura, Eldoret North MP William Ruto and Kass FM radio presenter Joshua arap Sang.
Those let free are former Industrialisation Minister Henry Kosgey and former Police Commissioner Mohammed Hussein Ali.
Ali and Kosgey have been vindicated but the four others have cases to answer, said a lawyer who got the ruling shortly before it was made public by presiding Judge Ekaterina Trendafilova.
In her public ruling, Ekaterina said the prosecution had proved beyond reasonable doubt that Muthaura, Uhuru, Ruto and Sang were direct co-perpetrators of crimes committed in Kenya after the disputed 2007 presidential election.
The prosecution provided sufficient evidence to show that Muthaura, Uhuru, Ruto and Sang are criminally responsible for crimes committed in Kenya and should be committed to a full trial, the judge said.
On Kosgey, the judge said: In relation to Kosgey, the prosecution failed to satisfy the chamber that he was a direct co-perpetrator in the crimes he was accused of.
The chamber has declined to confirm charges against him also because the prosecutor had only relied on one anonymous witness, she said adding There were also inconsistencies on dates of the meetings he is alleged to have attended.
As for Mr Ali, the prosecution did not prove in any way that the Kenya police participated in the killings that occurred in Nakuru and other areas, the judge said.
She however added: The prosecutor may present additional; evidence requesting for confirmation of charges against Mr Kosgey and Mr Ali, she said.