The prosecution was however hard pressed to explain why they want an indefinite delay of the case.
Judges were particularly keen to establish how long such an adjournment will be and what will change at the end of that period.
One of the judges has sought to know why the prosecution cannot withdraw the case altogether and start fresh investigations.
Kenyatta will not make any statement after his lawyer Stephen Kay said he will address any questions posed to him.
“I will be answering questions on his (Kenyatta’s) behalf and he does not choose to make a statement today,” Kay said.
Although the prosecution admits Kenyatta has not played a direct role in shielding evidence, they say he is in charge of the Kenyan government and can issue orders for their production in court.
The lawyer representing victims of the 2007 post-election violence is however opposed to any attempt to have the case withdrawn, and only favours an adjournment.