Generate text that refutes this claim: Head of state immunity  Traditionally, heads of state have had immunity in foreign courts. This is for the normal functioning of diplomacy – so heads of state can engage in business at other states and travel to summits without the risk of harassment by vexatious claims in foreign courts, or foreign governments trying to attack the decisions of other governments in their own courts.  The ICC trying sitting heads of state would set a terrible precedent of a method of regime change – not even by foreign militaries, but by the ICC prosecutor. Regimes should change according to democratic mandate not foreign courts.
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It is accepted as a position of international criminal law that head of state immunity does not apply before international tribunals [1] . Any such immunity that Kenya had was waived by them joining the ICC, which they did voluntarily.  Even so, just because someone has a position of power does not mean they should have impunity from liability for very serious crimes.  [1] Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v Belgium), 14 February 2002,