The ultimate decision of whether Kenya will withdraw from the International Criminal Court (ICC) has not been reached, State House spokesman Manoah Esipisu said on Sunday.
He said that the final say on the matter was still pending at the executive, adding that the process had started in parliament.
A bill seeking to have Kenya pull out of the Rome Statute was tabled in the National Assembly in June so that cases of that magnitude are handled locally.
Esipisu said President Uhuru Kenyatta and the Cabinet are yet to apply their mind on the matter of whether Kenya should pull out of the ICC or not.
Burundi and South Africa have already signed documents to the effect of withdrawing from the Hague-based court, saying it targets African leaders.
He said as for now the process to withdraw had not started since the Cabinet has to deliberate and the Attorney General advise on the process.
"As you are all aware, we have two resolutions calling for Kenya's withdrawal from the ICC. One was tabled during Mwai Kibaki's era and the other one in the current regime. The ultimate decision as to whether Kenya will pull out is subject of cabinet deliberation," Esipisu said.
Esipisu added: "To withdraw from a treaty, you need an executive deliberation after which Cabinet directs Foreign Affairs ministry and the AG to prepare appropriate instruments and deposit them with relevant authorities. This process has not yet come up. So, it is accurate to say the decision of the executive is still pending,"