Former Deputy President Rigathi Gachagua, his wife Dorcas and doctor Daniel Gikonyo have arrived at the Milimani High Court for his impeachment hearing on day 3 on Wednesday, May 13, 2026.

During the day’s hearing, his doctor, Gikonyo, will be cross-examined over his affidavit, in which he swore that the former DP was taken ill on October 17, 2024.

Gikonyo’s affidavit questioned

On May 7, 2026, Senior Counsel Tom Ojienda represented the Senate and the Senate Speaker poked questions on Gikonyo’s affidavit.

Ojienda, claimed that the doctor’s affidavit is grossly and extremely prejudicial to the third and fourth respondents (speaker of the Senate and the Senate) because under the doctrine of separation of powers, the Senate rendered a verdict on the basis of no explanation given by Gachagua’s legal team.

He urged the bench to strike out Gikonyo’s affidavit.

Ojienda further told the bench that failure to strike it, the court should then summon Gikonyo to court and be cross-examined on the affidavit.

He also pointed out a mistake in the affidavit on the dates, stating that in trying to make it, they stated that Gachagua took about a month in the hospital, arguing that maybe they meant to write three days.

“My lords and lady, this is an embarrassing affidavit, and the only way to save Dr Gikonyo and everyone here is to strike out this affidavit,” SC Ojienda submitted.

However, the court declined to strike out cardiologist Dr Gikonyo’s affidavit and ruled that, despite the petitioners not addressing the delay in filing the affidavit, it was duly and properly filed on record.

Further, the bench noted that for the interest of justice, they have granted respondents (Senate and others) leave to file and serve responses to the affidavit.

In addition, Justices Eric Ogola, Freda Mugambi and Antony Murima directed the Senate and other respondents to indicate in their responses whether they want to cross-examine Dr Gikonyo on his affidavit.

Notably, the court stated that in case the respondents decided to cross-examine Gikonyo, he should then appear before the bench physically on Wednesday, May 13, 2026.

“The respondents shall indicate whether they wish to cross-examine the deponent (Dr Gikonyo) of the affidavit; should that be so, the said deponent shall physically attend court on Wednesday, May 13, 2026,” the bench ruled.