Musangi said the prosecution was intent on proceeding with ghost witnesses and new material, accusing it of recording new statements from witnesses to fill gaps emerging in the proceedings.
State Counsel Lilian Obuo had argued that even the ICC had accepted that names of witnesses could be withheld and released in the course of a trial. "Disclosure of evidence should continue throughout the trial and even the ICC has held this," Ms Obuo submitted, adding that Kenyan laws also provided for protection of witnesses.
But lawyers took issue with the remarks and rejected arguments that disclosure of evidence should continue throughout the proceedings.
"The reference to the ICC proceedings can only have been informed by what she (Obuo) watches on TV," said Musangi, noting that ICC procedures could not override the countryâs constitutional provisions.