Deputy President Kithure Kindiki has asked the High Court to allow his legal team to cross-examine cardiologist Dr Daniel Kibuka Gikonyo over a supplementary affidavit filed in the impeachment case involving former Deputy President Rigathi Gachagua.
In court papers filed under Petition No. E565 of 2024, Kindiki argues that the affidavit sworn by Dr Gikonyo on April 28 raises disputed medical and factual matters that should be tested through oral testimony and cross-examination. The petition is among several cases challenging the Senate impeachment proceedings against Gachagua.
According to Kindiki, the medical claims relate to events said to have occurred around October 17, 2024, yet the affidavit and supporting records were only introduced nearly 18 months later, after the petitioners had already closed their case and highlighted submissions before the court.
The Deputy President also argues that the medical documents attached to the affidavit were never presented before the Senate during the impeachment proceedings, despite the Senate being the constitutional body that handled the matter at the time.
Through his lawyers, Kindiki says the court should examine key issues surrounding the documents, including when the medical examination allegedly took place, how the records were prepared, the circumstances under which the medical opinion was formed, and why the evidence was not presented earlier before either the Senate or the High Court.
He maintains that the late filing of the medical evidence has introduced contested factual questions that cannot be fully resolved through affidavit evidence alone.
Kindiki further argues that denying cross-examination would prevent parties opposing the affidavit from testing the authenticity, credibility, consistency, and reliability of the medical claims contained in the documents.
He is now seeking orders allowing his legal team to question Dr Gikonyo on the affidavit, the attached medical records, the circumstances surrounding their preparation and authenticity, and any other matters arising from the evidence presented before the court.
The ongoing High Court petitions continue to challenge the legality and constitutionality of the impeachment process against Gachagua.
