"I am totally convinced that the Constitution demands that someone who is accused of such offences steps aside pending determination of the case. Their stay demeans the integrity of their offices," Kilonzo told Kenya's Capital FM in an exclusive interview.
He told Kenyatta and another suspect, William Ruto, whose charges were also confirmed alongside KASS FM Journalist, Joshua arap Sang, to let go their presidential dreams for now.
"How can you become the president of the victims who are supposed to give evidence against you? The court can only confirm the charges if it has evidence and that evidence will come from the same Kenyan victims," he said and queried, "So how do you become their president?"
Kenyatta and Ruto had earlier proclaimed that they would not give up their presidential race later in March 2013 whatever the outcome of the ICC ruling on their respective cases would be.
Contrary to the Minister of Justice demands, Kenyan Attorney General Githu Muigai on Tuesday said the government would not ask Kenyatta and Muthaura to resign now: "The government has set up a legal team to study and analyze the ICC ruling delivered by the judges yesterday (Monday). This eminent team will then advice the government accordingly, but as you all know, cases against the four were confirmed and they have indicated they will be lodging appeals.
"At this stage the government cannot take any action until those appeals are exhausted," he said in a statement. On Monday, President Mwai Kibaki instructed Muigai to form the committee to study and advise the government after the ICC ruling.
Earlier on Monday, the ICC Pre-Trial Chamber confirmed war crimes against Kenyatta, Ruto,Muthaura and Sang for their alleged in the 2007/08 post-election violence that claimed more than 1000 people are and displaced hundreds of thousands.
Other suspects whose similar charges were not confirmed by ICC judges include Tinderet MP Henry Kosgey and former police Commissioner Hussein Ali.
© Hirondelle News Agency