Defence lawyer now wants the court to acquit 27 Muslim men arrested in a raid on Musa Mosque in Mombasa 15 months ago, but whose trial for terrorism has never kicked off.
The defence said the State was using delaying tactics to sustain a non-existent case.
Yesterday, lawyer Chacha Mwita accused the police of not being honest after a prosecutor sought a second adjournment in two days. The prosecutor said the officers who were supposed to testify yesterday had been on leave since December.
Mr Chacha said the claim was false and cited police standing orders that bar officers from going on leave during holidays or festivities.
He also dismissed prosecution claims that a police officer who was supposed to testify for the State yesterday was sick, saying the prosecution had not provided proof for the claim.
"I believe the State is not serious with this case and I therefore ask for the termination of the case," Chacha told Mombasa Senior Principal Magistrate Richard Odenyo who ordered the State to bring two witnesses it claims to have for the case to proceed today.
The case was adjourned for the second time yesterday following a similar decision on Monday since certain exhibits from the Cyber Crime Unit had not been brought from Nairobi where electronic equipment police alleged were impounded in the raid were taken for analysis.
The suspects were arrested during a raid by State agents on the mosque on February 2, 2014. Five Muslim youths, including a Rwandese, and a policeman were killed during the raid.
Hemed Salim Hemed, who was arrested during the raid, disappeared while in the hands of police officers and has not been seen since.
The trial of those detained and later released on bond after being charged has never kicked off because the State has never concluded or supplied a report of findings from electronic matter or exhibits, including compacts discs and laptop computers, allegedly, found with the suspects in the mosque.
Several transfers of magistrates have also affected the trial.
The suspects have denied seven terrorism charges and were released on a bond of Sh500,000 each.
In another court, Mombasa Senior Resident Magistrate Irene Ruguru has ordered that the trial of five suspected members of Al Shabaab should begin on February 17 after the prosecution applied for the last adjournment.
They were also arrested in the same mosque on the same day but are being charged under a separate magistrate.
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Ruguru warned the prosecution against delaying the hearing of the five suspects who are accused of being found with explosives.
The suspects include a minor who is being detained at Boston in Likoni.
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