Deputy President Kithure Kindiki is seeking court approval to cross-examine renowned cardiologist Dr. Daniel Kibuka Gikonyo over a supplementary affidavit filed in the ongoing impeachment case involving former Deputy President Rigathi Gachagua.
In a replying affidavit filed in Petition No. E565 of 2024, Kindiki argues that the medical claims raised by Dr. Gikonyo contain disputed factual and medical issues that can only be properly tested through oral cross-examination in court.
According to the Deputy President, the medical matters cited by the cardiologist relate to events said to have occurred on October 17, 2024, during Gachagua’s impeachment proceedings before the Senate. However, Kindiki argues that the evidence was only introduced nearly one and a half years later, after petitioners had already closed their case and highlighted submissions.
Through his lawyers, Kindiki further claims that the medical records attached to Dr. Gikonyo’s affidavit were never presented before the Senate during the impeachment proceedings, despite the Senate being the constitutional body handling the matter at the time.
The Deputy President now wants the court to scrutinise several issues surrounding the documents, including when the medical evaluations were conducted, how the records were prepared, why the medical opinion was generated, and why the evidence was not disclosed earlier before either the Senate or the High Court.
Kindiki maintains that the late introduction of the medical evidence raises serious contested factual questions that cannot fairly be resolved through affidavit evidence alone.
He argues that unless Dr. Gikonyo is cross-examined, parties opposing the affidavit will be denied an opportunity to test the authenticity, credibility, consistency, and reliability of the medical claims presented before court.
Dr. Gikonyo, in his affidavit, told the court that he conducted comprehensive clinical assessments on Gachagua on October 17, 2024, including physical examinations, diagnostic investigations, and cardiological evaluations aimed at establishing the cause of his condition.
According to the doctor, Gachagua’s symptoms were clinically consistent with possible cardiac events, particularly among individuals above the age of 45 and those with underlying risk factors such as hypertension, diabetes, stress, and obesity.
Gachagua was later discharged from hospital on October 20, 2024, but by then the Senate had already found him guilty on 11 charges and voted to remove him from office.
The former Deputy President is now relying on Dr. Gikonyo’s testimony to support his argument that the impeachment process was unconstitutional and failed to meet legal and procedural standards.
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