President Uhuru Kenyatta yesterday filed an application seeking to stop the proceedings at the Hague alleging "serious, sustained and wide ranging abuse of the court process by some of the prosecution witnesses and intermediaries".
In the application filed by Uhuru's lawyer Stephen Kay last evening, Uhuru wants a permanent stay of the proceedings or in the alternative, asks the trial chamber to hold a hearing to determine his complaint before the start of his trial on November 12.
He wants three prosecution witnesses and two prosecution intermediaries called as witnesses in the hearing which, if found in his favour, would require that the court proceedings be permanently stopped.
The judges yesterday invited other participants in the case to present their observations at Uhuru's request. They will decide on Uhuru's request and communicate their decision.
Uhuru claims the witnesses had been intimidating and interfering with potential defence witnesses and embarked on a wide scale course of conduct against the defence which amounts to a perversion of the course of justice before the court.
He alleges one of the prosecution witnesses was responsible for bringing ten other trial witnesses to the prosecution whose evidence must now be considered as irredeemably tainted.
He also claims some of the prosecution witnesses have changed their testimony after they received money.
Yesterday, President William Ruto's lawyer Karim Khan attempted to establish a link between former Prime Minister Raila Odinga and the outlawed Mungiki sect during his cross-examination of a witness in the ongoing trial at the ICC.
While cross-examining the prosecution's second witness identified only as Witness No. 326, Khan sought to find out whether there was a link between Raila and former Mungiki leader Maina Njenga starting with the 2005 referendum.
Khan showed a clip of Maina Njenga saying that the Mungiki supported the "No" campaign led by Raila at the 2005 referendum and his presidential bid in 2007.
Khan also showed photos of Raila and Maina together as the former PM campaigned for the presidency during the 2007 elections.
Khan: Are you aware that Maina Njenga supported the 'No' campaign in the 2005 referendum?
Witness 326: I am not sure of that.
Khan: Are you also aware that Maina Njenga supported Raila in the 2007 election?
Witness 326: I am not totally aware. (At this point, Khan played a video which was of a campaign rally at which Maina Njenga was present.)
From the video, I can say that that was the case. In what appeared as a counter to the claims by the prosecution witness that Ruto was "the king of the Rift Valley", Khan showed him a photo of Raila being crowned as a Kikuyu elder.
The witness had on Tuesday said that Ruto was crowned as an elder in the presence of ODM top leadership making him the king of the Rift Valley region.
Yesterday, asked whether Raila was seeking the Mungiki vote, he said that he knew that the former PM was "seeking the Kikuyu vote."
Khan also sought to demonstrate what the witness had said that the post-election violence was spontaneous.
The prosecution has claimed that Ruto and Sang were part of a network that organised Kalenjin youths to kill and chase Kikuyus out of the Rift Valley.
In revenge, President Uhuru Kenyatta is accused of organising the Mungiki to reiterate and commit similar crimes in Naivasha and Nakuru.
In an attempt to disprove his claims that he was knowledgeable about the ODM politics, Khan led the witness into admitting that he did not attend three meetings that were key to the formation of the Orange party.
Khan said the witness had also erred when he named the ODM coordinators for the 2007 campaigns.
The witness had on Tuesday identified the coordinators as Josephine Kuluo for the North Rift while Ole Koitamet was in charge of South Rift.
He said they reported to the National Elections Boards and the specific Pentagon members in their regions. "They (Kuluo and Koitamet) reported to William Ruto and Richard Kwach," the witness told the prosecutor.
However, yesterday Khan said the people named were not the coordinators and that the witness had got the names wrong. "To my knowledge those were the coordinators.
May be this is when they were broken down to smaller regions," insisted the witness. Meanwhile, the UK House of Commons on Tuesday discussed the ongoing trials at the ICC and how they may affect relations between the two countries.
The matter was raised by Falkirk MP Eric Joyce who asked the UK government to consider how the trials and the proposed mass withdrawal of African nations from the ICC would pan out internationally.