United Nations secretary general Ban Ki-moon has said the decision on Kenya's request for a deferral of the post election violence cases does not lie with him.

Mr Ban said the government had already lodged its appeal with the UN Security Council and the matter was now in the hands of member states.

"The outcome of that request does not lie with me. It is upon the 15-member countries to decide," Mr Ban said during a news conference at the UN offices in Gigiri, Nairobi Thursday.

The UN boss was responding to a direct appeal from President Kibaki over the government's push to postpone the Ocampo Six cases at the International Criminal Court (ICC) for a year.

The President said the new constitution had given Kenya a "window of great national transformation" and put in place structures that will revamp key institutions.

"It has positively impacted our governance structures and set us off on a journey to restructure our institutions.

"I have no doubt the new constitution has the structures needed to decisively and systematically deal with challenges and opportunities that we face as a nation," said President Kibaki.

Mr Ban said Kenya had already made a pitch for the deferral pointing to talks between him and Vice President Kalonzo Musyoka in New York earlier this month.

He said the government will have to wait until the matter comes up for voting at the Security Council as he carried no influence.

The ICC has summoned Finance minister Uhuru Kenyatta, Eldoret North MP William Ruto, his Tinderet counterpart Henry Kosgey, head of Civil Service Francis Muthaura, Postmaster General Maj-Gen Hussein Ali and radio presenter Joshua Sang to The Hague for an initial appearance on April 7 and April 8 on charges related to the post-election violence.