Ruto’s lawyer Karim Khan alleged that the prosecution was looking for a scapegoat for mistakes done in putting together the Kenyan case.
He said the prosecution was using the issue of witness withdrawal as an excuse of sustaining its case.
“That is the end game of the prosecution. It is creating a narrative now that will excuse their massive systematic failing,” he said.
Khan complained that the defence teams have many a time been ambushed with material not disclosed to them in advance as required.
He further asked the prosecution to be clear on what it intends to achieve and who it wants ‘to fix’ in its case which he claims has diverted from the post election violence.
Sang’s lawyer Katwa Kigen in concurring with Khan alleged that the prosecution was selective in giving the court the bigger picture over allegations that witnesses recanted their evidence after being bribed.
He said the prosecution should also give the big picture of witnesses who have admitted that they were coached to fix Ruto and Sang.
The judges will issue a decision if the oral submission by the prosecution will be granted or not.
Earlier on Tuesday, the court heard that medical tests done on witness P0604 – who is supposed to testify via video link from Nairobi – showed that he was fit to testify.
On Monday, his lawyer Gregory Mutai had requested for a deferral of 21 days due to the alleged ill state of the witness.
Presiding Judge Chile Eboe-Osuji, who admitted Mutai as a lawyer of the witness, directed P0604 to take stand on Thursday morning.
Two other witnesses are also expected to testify during this session of the trial after they were issued with summonses to appear.
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