Nairobi , Kenya ( CNN ) -- Uhuru Kenyatta , indicted for alleged crimes against humanity and the son of Kenya 's founding father , had an early lead Wednesday in the presidential election . With a little more than 40 % of the vote counted , Kenyatta was ahead at 53 % to 42 % over his main rival , Prime Minister Raila Odinga , according to the election commission website . If Kenyatta wins , he will find himself in an unusual quandary . He has been indicted by the International Criminal Court for allegedly inciting a local militia to conduct reprisal attacks in the last election . His running mate , William Ruto , also faces ICC charges at The Hague . Both have denied the charges . Kenyatta said that if he is elected , the indictment will not affect his ability to do his job . `` I do n't think that 's an issue that anybody should be concerned with , '' said Kenyatta , a deputy prime minister . `` I have been a member of the government and I 've still been able to execute my duties . I still believe I will be able to execute my duties as president once selected . '' The international community should respect the will of Kenyans , he said . `` If they do decide it 's me , that 's a domestic issue left to the sovereign democratic will of the people of Kenya , '' he said last week . `` Any friend of Kenya must recognize that and must take it in their stride . '' 'Skype government ' But Odinga has raised concerns about the indictment , saying his opponent plans to run a `` Skype government '' from The Hague . Kenyatta has maintained a lead since polls closed after Monday 's election , but it is still too early to declare a winner . Analysts have raised the possibility of a runoff . The election carries significance far beyond its borders . As the largest economy in East Africa , Kenya is a crucial trade route into the rest of the continent and provides an important buffer of stability in a region that includes the fledgling Somali government and the politically tense Sudan and South Sudan . Kenya is also a major U.S. ally in the war against Islamist militants in the region and has remained relatively peaceful amid civil wars in neighboring nations . 'Hiccups here and there ' As Kenyans eagerly await the outcome , glitches with the new electronic voter system are affecting the tallying , officials said . Counting has slowed down after the electronic systems failed , forcing officers to manually deliver paper copies of vote tallies , according to Odinga 's campaign team . The election commission urged citizens to be calm and patient , hoping to avoid tension and distrust in the system , which contributed to post-election violence in December 2007 . `` Sometimes a couple of computers would get kind of out of whack and would slow the process down , '' said Abdullahi Sharawi , a commissioner of Kenya 's Independent Electoral and Boundaries Commission . `` Definitely , there is going to be some hiccups here and there , but I think , when you assess the whole , then we think the work , so far , is very good , '' he said . United Nations chief Ban Ki-moon urged Kenyans to maintain peace . `` I have been encouraged thus far by the largely peaceful and orderly process , despite some incidents of violence and some technical problems , '' he said . Eager to avoid violence . Kenyans are eager to avoid a repeat of the 2007 election . At the time , the nation plunged into ethnic violence after Odinga disputed results that declared the incumbent president , Mwai Kibaki , as the winner , alleging the election had been rigged . Protesters took to the streets , where supporters of both camps fought one another . More than 1,200 people were killed and hundreds of thousands displaced -- the worst violence since the nation gained independence . Clashes ended with the formation of a power-sharing government with Kibaki as president and Odinga as prime minister . While the poll has been relatively peaceful this time , authorities said at least 10 people were killed in isolated incidents on the coast . Complicated election . Leading up to this election , the candidates declared they would settle any voting disputes in court and urged their supporters to avoid bloodshed at all costs . After the 2007 voting disaster , the government set up an ambitious new constitution , making this election one of the nation 's most complicated polls since the country gained independence from Britain in 1963 . It also revamped various political systems , including the electoral process and the judicial system . But analysts say the real test will come after the results are announced : Will the loser bow out gracefully to avoid stoking tensions ? Read about the main players . Millions cast ballots . About 70 % of the 14.3 million eligible voters voted this week , according to election officials . Eight contenders are vying for the presidency . The winner must secure more than 50 % of the vote to avoid a runoff tentatively scheduled for next month . Nima Elbagir and Lillian Leposo reported from Nairobi , and Faith Karimi reported from Atlanta .
Counting slows down after failures in a new electronic voting system . Kenyatta faces crimes against humanity charges at the International Criminal Court . His main rival , Raila Odinga , raises concerns about the indictment . The winner must secure more than 50 % of the vote to avoid a runoff .