The Appeals Chamber noted that the two countries' applications were similar to those of Tanzania, Rwanda, Burundi, Eritrea and Uganda.
The five African states had applied for the same and were granted leave to take part in the application in which Deputy President William Ruto wants to be excused from attending all the sessions in his trial.
The applications were submitted to the Appeals Court on the 18th September 2013.
The Appeals Chamber rejected the application to avoid unnecessary delays given the advanced stage of the appeals proceedings.
According to Rule 103(1) of the Rules of Procedure and Evidence of the ICC, at any stage of the proceedings, a Chamber may, if it considers it desirable for the proper determination of the case, invite or grant leave to a State, organization or person to submit, in writing or orally, any observation on any issue that the Chamber deems appropriate.
The Appeals Chamber will however issue its decision on the Prosecutor’s appeal in due course.
The decision was taken as the 1st case against Ruto and Sang was adjjourned until next week to allow the Deputy President to attend to other urgent state matters occasioned by the terrorist attack at Westgate.
The case resumes on Monday next week. That of President Uhuru Kenyatta will come up on 12th November 2013.