DP Kindiki seeks court permission to cross examine Gachagua’s doctor in impeachment case

Deputy President Kithure Kindiki now wants the court to allow him cross-examine renowned cardiologist Dr. Daniel Kibuka Gikonyo over a supplementary affidavit filed in the impeachment case involving former Deputy President Rigathi Gachagua.

In a replying affidavit, the Deputy President argues that the affidavit sworn by Dr. Gikonyo on April 28, 2026 raises disputed factual and medical issues that can only be tested through oral cross-examination.

The application has been filed in Petition No. E565 of 2024, where Gachagua and others are challenging the impeachment proceedings undertaken by senate.

According to the Deputy President, the medical matters referred to by Dr. Gikonyo allegedly relate to events said to have occurred on or about October 17, 2024, but were only introduced into court nearly one and a half years later, after the petitioners had already closed their case and highlighted submissions.

DP Kindiki further argues that the medical records attached to the affidavit were never presented before the Senate during the impeachment proceedings, despite the Senate being the constitutional forum that handled the matter at the time.

Through his lawyers, Kindiki says several issues surrounding the medical documents require scrutiny, including the timing of the alleged medical evaluation, preparation and issuance of the records, the circumstances under which the medical opinion was generated, and why the material was not disclosed earlier before either the Senate or the High Court.

The affidavit states that the late introduction of the medical evidence raises contested factual questions that cannot fairly be resolved through affidavit evidence alone.

He argues that unless Dr Gikonyo is cross-examined, parties opposed to the affidavit will be denied an opportunity to test the authenticity, credibility, consistency and reliability of the claims contained in the medical documents.

He is now asking the court to allow his lawyers to cross-examine Dr Gikonyo on the contents of the affidavit, the annexed medical records, the circumstances surrounding their preparation and authenticity, and any other relevant matters arising from the evidence presented.

The matter is part of the ongoing constitutional petitions challenging the impeachment process against DP Gachagua.

In his affidavit, Dr. Gikonyo told the court that on October 17, 2024, he conducted comprehensive clinical assessments on Gachagua, including physical examination, diagnostic investigations and other relevant cardiological evaluations for purposes of determining the underlying cause of his condition.

"Based on my professional expertise, such symptoms are clinically consistent with potential cardiac events, particularly in individuals aged 45 years and above and may be associated with underlying conditions including, but not limited to, hypertension, diabetes mellitus, elevated stress levels and obesity, all of which may predispose a patient to cardiac complications," Gikonyo said.

Gachagua was later discharged on October 20, 2024 but the Senate had already found him guilty of 11 charges and voted him out of office.

He is now using Dr. Gikonyo’s testimony to argue that his impeachment was illegal and failed to follow constitutional parameters.