Fatou Bensouda may be ordered to appoint an amicus prosecutor to investigate her witnesses, intermediaries, and possibly ICC staff members, for offences against the administration of justice.
DP William Ruto's defence made the request to ICC judges on Monday saying there is sufficient evidence that
prosecution witnesses deliberately gave false testimony to the Chamber.
The team said the evidence is in the trial record and in the possession of the Office of The Prosecutor and the Defence.
Ruto also argued
that OTP intermediaries (and witnesses) P-0613 and P-0800 have tampered and/or interfered with the collection of evidence by the OTP.
This, he said, was by identifying and coaching witnesses to give false information to the OTP during investigations, which then formed the basis of its case against him.
Ruto further argued that there is evidence that some prosecution staff may have sought sexual favours from witnesses and their families in exchange for cooked evidence.
The DP and journalist Joshua Sang were facing crimes against humanity charges over the 2007/8 post-election violence that left 1,200 dead and at least 600,000 displaced.
The ICC ruled in April that they had but said the prosecution can appeal.
Chief Registrar Helena Vukasinovic said Trial Chamber judges found no incriminating evidence to sustain the cases against the two.
Judge Eboe Esuji said proceedings were declared a mistrial "due to a troubling incidence of witness interference and intolerable political meddling".
Osuji said victims should be invited to express their views and concerns for the sake of assistance and reparation.
Victims' lawyer Wilfred Nderitu said the decision by the Trial Chamber, following a process that began six years ago, should be respected.
The collapse of the case against Ruto and his co-accused follows that in 2014 of President Uhuru Kenyatta.
In a 95-page
motion, Ruto had said the witnesses used to confirm his charges never took the stand, leaving the prosecution with a “case built almost entirely on hearsay”.