DP Kindiki wants court to allow him cross-examine Dr. Gikonyo in Gachagua’s impeachment case
DP Kindiki wants court to allow him cross-examine Dr. Gikonyo in Gachagua’s impeachment case
Deputy President Kithure Kindiki now wants the court to allow him to 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 properly 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 the 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.
The Deputy President 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.
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Through his lawyers, the Deputy President 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.
The Deputy President 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 former Deputy President Rigathi Gachagua.
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