Updated

A defense lawyer for Kenya's president-elect Uhuru Kenyatta says the International Criminal Court should drop its case charging him with orchestrating post-election violence in Kenya in 2007 and 2008 for lack of evidence.

Kenyatta is charged with crimes against humanity including murder, rape and deportation for allegedly organizing attacks on supporters of his political rivals in the 2007 election. He denies all charges.

Kenyatta was not in court in The Hague Monday, but his lawyer Steven Kay told judges that the charges should be dropped after prosecutors scrapped charges against Francis Muthaura, who had been charged as a co-conspirator along with Kenyatta.

Kay told judges, "what was withdrawn against Muthaura should have been withdrawn against Kenyatta."

Prosecutors argue they have enough evidence for the case against Kenyatta to continue.