[JURIST] Lawyers for Kenyan President Uhuru Kenyatta [ICC case materials; JURIST news archive] on Wednesday asked that the International Criminal Court (ICC) [official website] drop the case against the leader for crimes against humanity and acquit him, arguing that the prosecution does not have adequate evidence to prove its case. Kenyatta’s appearance at the status conference hearing [press release] made him the first sitting president [Al Jazeera report] to appear before the ICC in The Hague. The leader was charged in March 2011 with five counts of crimes against humanity as an indirect co-perpetrator of the violence following Kenya’s 2007 elections, which led to more than 1,100 deaths. While prosecutors now admit [AP report] that they do not have enough evidence to prosecute Kenyatta, they insist that the situation is the result of the government obstructing their investigation by refusing to turn over certain records and other potential evidence. They have requested an indefinite adjournment until the government is prepared to cooperate.

Kenyatta has been plagued with many legal problems since he was charged with crimes against humanity for the election related ethnic killings that occurred in 2007. Earlier this month the ICC found [JURIST report] that the president must appear in court for his hearing, rejecting a request by the leader to be excused due to scheduling conflicts. In September the ICC decided to adjourn Kenyatta’s trial indefinitely [JURIST report], though the trial was resumed by the ICC’s summons later that month. The ICC also adjourned the trial in April, following similar measures in February and January [JURIST reports]. In February Kenyan Attorney General Githu Muigai told the ICC that Kenya would not turn over Kenyatta’s financial records [JURIST report] without a court order in compliance with Kenyan law. African leaders have joined together to speak out against Kenyatta’s trial, and in February the African Union [official website] called for African countries to “speak with one voice” [JURIST report] against the trials of sitting heads of state in the ICC.