Irish barrister Fergal Gaynor represents some 20,000 victims in the 2008 violence for which Mr Kenyatta has been indicted for crimes against humanity. Mr Gaynor said: 'Why are [the prosecution] now on the verge of raising the white flag of surrender when it’s quite clear the government has blocked evidence? The government has been obstructive and the prosecution has failed because it has not held the government accountable.'

Serious damage

Last month the prosecution said it had insufficient evidence to continue after two witnesses withdrew. Mr Gaynor wrote in a document submitted to the court that a withdrawal of charges would 'do serious damage to the Court’s credibility and effectiveness, and is unlikely to increase the Court’s general deterrent effect'. Source: Financial Times