Kenyatta's lawyer sought an acquittal in court on Wednesday after the prosecution admitted it did not yet have enough evidence to convict the controversial president (right in photo).

He faces charges of crimes against humanity, including murder, rape and deportation during Kenya's deadly post-election violence between 2007 and 2008.

Kenyatta relinquished power earlier this week to Kenya's deputy president William Ruto to stand trial as a private person before the International Criminal Court (ICC) based in the Netherlands.

"He is entitled for the verdict of not guilty," defense lawyer Stephen Kaye said on Wednesday, calling for an end to the trial owing to a lack of evidence. "The case has failed," he said.

Decision due on Thursday

The ICC will decide Thursday whether to set a trial date, to shelve the proceedings, or to postpone the case.

Last month, chief prosecutor Fatou Bensouda asked for the postponement, saying Kenyan officials had refused to cooperate with a request for financial and other records, leaving her with insufficient material for a trial.

"The rights of the accused must not trump above all others," said Bensouda who originates from Gambia.

Charges stem from 2007 election

Deputy President Ruto also faces charges of organizing mass ethnic violence following the disputed 2007 election, when the two stood on opposite sides of the political divide, and has also appeared in the International Criminal Court (ICC).

The violence left more than 1,000 people dead and half a million displaced. Kenyatta and Ruto joined forces for the 2013 elections and won by presenting themselves as national unifiers.

'Constitutionally responsible'

On Wednesday, prosecutor Benjamin Gumpert alleged that the prosecution continued to wait on evidence such as Kenyatta's financial records and mobile phone data: "A considerable body of material ... could have been provided, should have been provided and ... hasn't been provided."

Gumpert said dropping the prosecution would send a message of "the court saying that if a country sticks out for long enough obstructing proper inquiries being made by the prosecution ... then the case ... will go away." That interpretation "would be disastrous," he added.

Supporters cheer Kenyatta arrival

Kenyan legislators accompanied the president to the court. Dozens of supporters cheered him on, wearing traditional Kenyan clothing and displaying placards demanding the president's "release."

The African Union called for the ICC to withdraw the cases against Kenyatta and Ruto and transfer them to courts in Kenya, accusing The Hague of targeting Africans.

The ICC often faces criticism in Africa because all the suspects it has indicted since its creation in 2002 come from the continent.

mkg/ipj (AFP, dpa, AP)