that the exemptions were not motivated by any national interests as required by law. Kosgey's defence argued that the requirement to obtain advice is not mandatory. As for the issue of national interests, they stated that this is subjective and is a matter of opinion. They also argued that Kosgey was acting according to the precedent set by his predecessors. His immediate predecessor, former Minister Mukhisa Kituyi, issued approximately 3,000 exemptions using the same law and in exactly the same manner as Kosgey without obtaining any advice from the NSC. This fact is not disputed by the Prosecution who argued that two wrongs do not make a right. Kosgey's defence have also argued that the issuance of the exemptions did not result in any loss of revenue for the government, if anything the government collected taxes for each of the 113 vehicles that had been exempted from the 8-year rule. On Thursday 28 June 2012 the High Court in Nairobi dismissed the case against Kosgey and cleared him of any wrongdoing. In his ruling, Justice Nicholas Ombija said that Kosgey's prosecution had arisen due to differences that existed between Kosgey as the Minister and his Permanent Secretary, Karanja Kibicho. He termed the case as a gross abuse of the judicial system and an error in law. ICC 2007 election allegations Following the 2007 Kenyan presidential election, the incumbent, President Mwai Kibaki was declared the winner but this was disputed by the opposition who alleged fraud. The following 2007–2008 Kenyan crisis resulted in around 1,000 deaths on both sides and 200,000 people displaced. Human Rights Watch said that on the opposition side, politicians had met with Kalenjin leaders to "organise, direct and facilitate" violent attacks against Kikuyus. Following mediation, the parties agreed to establish the Waki Commission to investigate the violence. The Waki Commission recommended the establishment of a local Tribunal and, failing that, referral to the International Criminal Court. In March 2010 the Prosecutor of the International Criminal Court (ICC) requested the Court to open an investigation into the Kenyan situation. On 15 December 2010, the Prosecutor announced that Kosgey was one of six Kenyans he had applied to the court for summons to be issued alleging crimes against humanity. The Prosecutor alleged that Kosgey was a "principal planner and organiser of crimes against PNU supporters". On 8 March 2011 the Court issued summons for Kosgey together with the other