Security beefed up at Milimani Law Courts ahead of Gachagua impeachment judgement
By Zipporah Ngwatu, June 8, 2026Security has been beefed up at the Milimani Law Courts before the most anticipated impeachment judgement of the former Deputy President, Rigathi Gachagua.
The judgement is expected to be delivered by a three-judge bench starting at 11:00 am at the ceremonial hall.
Gachagua’s impeachment motion was tabled in Parliament by the Kibwezi West member of Parliament, Mwengi Mutuse.
During the proceedings before Justices Eric Ogola, Freda Mugambi, and Antony Murima on May 7, 2026, the court heard that Mwengi presented the motion as an individual Member of Parliament.
In addition, the bench heard that Mwengi did not present the motion on behalf of the Kenya Kwanza Coalition.
On May 7, 2026, during the impeachment hearing, the Senate, through Senior Counsel Tom Ojienda, urged a three-judge bench to strike out Dr Gikonyo’s affidavit that claims Gachagua suffered a heart attack on the day he was to appear before the Senate on October 17, 2024.
In his submissions, Ojienda stated that they were surprised by the current development that claims Gachagua was sick and admitted to the hospital, yet his legal team informed the Senate that they were not aware of his whereabouts.
According to Ojienda, the doctor’s affidavit is grossly and extremely prejudicial to the third and fourth respondents (the 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.
In addition, he has averred 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.
However, the court rejected the request by the Senate, stating that despite the petitioners not addressing the delay in filing the affidavit, it was duly and properly filed on record.
Dr Gikonyo testifies
However, when Doctor Daniel Gikonyo appeared before the court on May 13, 2026, he told the court that there were no errors in the document.
Doctor Gikonyo clarified that the 3 pm indicated in the affidavit is when Gachagua arrived and was admitted to the facility seeking treatment.
Further, he told the bench that the time indicating the annexed medical report, stating he was at the hospital at 4:18 pm, meant the times his technical details were entered for admission were 4:18 pm.
“My lords, the admission is when the technical details are entered in the admission papers after all other factors have been taken care of: who is insured and who is paying, and then the accounts have to be reported at that time after admission,” Doctor Gikonyo told the bench.
Notably, Doctor Gikonyo was told to explain why the medical reports indicate that Gachagua was in the hospital for 31 days instead of 3 days.
According to Doctor Gikonyo’s affidavit, the ex-DP was admitted to the facility on October 17, 2024, and discharged on October 20, 2024.
However, the ‘system generated’ medical reports indicate that he was admitted on October 17, 2024, and discharged on November 20, 2024, at 1:36 pm.
Gikonyo has said that the discharge date indicated in the medical report does not mean his client was at the hospital for the entire month but that it means he paid his medical bill on November 20, 2024.
“Your honour, I can explain why that is so. Please explain the answer again; this type of process in hospitals involves accounting. You must pay for your discharge, and even if you have gone home and you have not paid your bill, you are typically not discharged. We call it an ‘open bill’, Gikonyo told the bench.