NAIROBI, Kenya May 11 – Deputy President Kithure Kindiki has moved to court seeking permission to cross-examine cardiologist Dr Daniel Kibuka Gikonyo over a supplementary affidavit filed in the impeachment case involving former Deputy President Rigathi Gachagua.
In documents filed before the High Court, Kindiki argues that the affidavit sworn by Dr Gikonyo on April 28 introduces contested medical and factual issues that can only be properly interrogated through oral testimony and cross-examination.
The application was lodged in Petition No. E565 of 2024, one of the cases challenging the impeachment proceedings conducted by the Senate of Kenya against Gachagua.
According to the Deputy President, the medical issues raised in the affidavit relate to events alleged to have occurred around October 17, 2024, but were only presented to the court nearly 18 months later after the petitioners had already closed their case and highlighted submissions.
Kindiki further contends that the medical records 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 legal team, the Deputy President says the court should scrutinize several aspects surrounding the documents, including when the medical examination allegedly took place, how the records were prepared and issued, the circumstances under which the medical opinion was generated, and why the evidence was not disclosed earlier before either the Senate or the High Court.
The Deputy President maintains that the late introduction of the medical evidence has raised disputed factual questions that cannot be conclusively resolved through affidavit evidence alone.
He argues that failure to allow cross-examination would deny parties opposing the affidavit an opportunity to test the authenticity, credibility, consistency, and reliability of the claims contained in the medical documents.
Kindiki is now seeking orders permitting his lawyers to cross-examine Dr Gikonyo on the contents of the affidavit, the attached medical records, the circumstances surrounding their preparation and authenticity, and any other matters arising from the evidence placed before the court.
The petitions before the High Court continue to challenge the legality and constitutionality of the impeachment process against Gachagua.
