NAIROBI, Kenya- Deputy President Prof. Kithure Kindiki has moved to challenge a High Court ruling that admitted a supplementary affidavit filed by renowned cardiologist Dr. Daniel Gikonyo in the impeachment case involving former Deputy President Rigathi Gachagua.
The affidavit, which was admitted by the three-judge bench hearing petitions challenging Gachagua’s impeachment, details the former deputy president’s medical condition during the Senate proceedings that led to his removal from office.
Kindiki, through his legal team, argues that the affidavit introduced contested medical and factual matters long after the petitioners had already closed their case and submissions highlighted before court.
The Deputy President is now seeking permission to cross-examine Dr. Gikonyo over the contents of the affidavit and the attached medical records, questioning their timing, authenticity and why they were not presented before the Senate during the impeachment proceedings in October 2024.
According to court documents, Kindiki maintains that the medical evidence can only be properly tested through oral examination and not affidavits alone.
His lawyers argue that failing to allow cross-examination would deny opposing parties the opportunity to challenge the credibility and consistency of the claims made by the cardiologist.
Dr. Gikonyo had informed the court that he conducted comprehensive medical assessments on Gachagua on October 17, 2024, after the former DP was rushed to hospital complaining of chest pains during the Senate impeachment trial.
He stated that the symptoms were consistent with possible cardiac complications.
Gachagua’s legal team is relying on the affidavit to argue that the Senate violated his constitutional rights by proceeding with the impeachment despite his medical condition and absence from the proceedings.
The impeachment case continues to generate intense political and legal debate, with the court expected to determine whether the process that removed Gachagua from office met constitutional thresholds.
