The International Criminal Court (ICC) judges will on Friday rule on an appeal by Deputy President William Ruto.
The judgment by the ICC Appeals Chamber on admission of prior recorded testimony is scheduled to be delivered in open court.
In August last year, Ruto and his co-accused Joshua arap Sang challenged the trial court's decision to allow the prosecutor to rely on prior recorded testimony of witnesses who have recanted their evidence.
The judgment is critical in the case against the two because prosecutor Fatou Bensouda is banking on the evidence to bolster her case, especially after some of the witnesses turned hostile while testifying.
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The Kenyan Government fought the application of a rule that allowed such testimony last during the Assembly of States Parties meeting but the prosecutor has contended the proceedings at the political forum are not binding. Kenya however insists the forum is the oversight body to guard against the court's excesses.