NAIROBI, Kenya May 7 – Lawyers representing the respondents in the impeachment proceedings involving former Deputy President Rigathi Gachagua have asked the High Court to remove a supplementary affidavit he recently filed, arguing that it was improperly introduced and contains untested allegations.
The legal team told a three-judge bench that the affidavit was filed without the court’s permission and introduces new matters that were not part of the original impeachment record before the Senate.
They argued that the filing comes at a late stage of the proceedings and raises issues that could significantly alter submissions already placed before the court.
Among the contested claims are allegations involving President William Ruto, where Gachagua reportedly suggests that the Head of State made a phone call to a hospital to inquire about his health. The respondents said such claims are serious and require strict proof before they can be considered.
The lawyers urged the court to subject the affidavit to scrutiny, including verification of its contents, insisting that the allegations cannot be accepted at face value.
They also asked the court to expunge the document from the record, arguing that it was never presented during Senate proceedings and therefore should not form part of the court’s review of the impeachment process.
According to the respondents, the court’s role is to assess whether the Senate and Parliament acted lawfully based only on evidence that was properly presented during the impeachment hearings.
They further questioned the timing of the affidavit, noting that it was introduced more than a year after the alleged events, without any explanation for the delay.
The legal team maintained that Gachagua had multiple opportunities to present the material earlier but failed to do so, and should not be allowed to introduce new evidence at this stage of the case.
The High Court is expected to rule on whether the supplementary affidavit will be admitted as the impeachment dispute continues.
