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Mr Kenyatta - who secured victory in a ballot held earlier this month – stands accused of crimes against humanity relating to the violence following Kenya’s 2007 election, reports Reuters.
Mr Kenyatta and former civil servant Francis Muthaura were among six suspects initially charged by ICC prosecutors in connection with the 2007 incident, when some 1,200 people were killed.
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However, a key witness decided last week to withdraw testimony forcing prosecutors to close their case against Mr Muthaura.
Prosecutors said that the case against Mr Muthaura – which has not yet been formally dropped - would have no impact on Mr Kenyatta, but lawyers argued the two cases are closely linked, and rely on much of the same evidence, meaning that Mr Kenyatta's case should be dropped or at least postponed.
A decision will be made later today.
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