The High Court has rejected the request by the Senate to strike out Dr Daniel Gikonyo’s affidavit, which reveals the former deputy president Rigathi Gachagua’s illness on October 17, 2024.

Gikonyo’s affidavit, sworn on April 28, 2026, states that Gachagua was admitted to Karen Hospital that day at 3 pm when he was expected to appear before the Senate.

In declining the request by the Senate, a three-judge bench 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 by close of business Monday, May 11, 2026.

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.

“Leave is granted to the petitioners to file and serve any supplementary affidavit in response if need be by close of business Tuesday, 12, 2026,” the bench added.

The Senate, through Senior Counsel Tom Ojienda, urged the court to strike out Gikonyo’s affidavit as grossly and extremely prejudicial to the third and fourth respondents (speaker of the Senate and the Senate).

He argued that if the court allows the affidavit, then Doctor Gikonyo should be summoned to court and be cross-examined on the affidavit.

“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.

Ojienda faulted Gachagua’s lawyers, arguing that on that fateful day they told the Senate they were not aware of his whereabouts, questioning why Gikonyo’s affidavit explaining his whereabouts comes almost two years later.

“My lords and lady, the learned Senior Counsel Paul Muite told the Senate he did not know where the Deputy President then was on October 17, 2024; he did not make contact. Here we have Doctor Gikonyo swearing an affidavit stating that the Deputy President then was admitted for over a month,” SC Ojienda submitted to the bench.