The Senate has raised questions on grave errors in the content of former Deputy President Rigathi Gachagua’s medical report by Dr Daniel Gikonyo.

Through a sworn affidavit by the Senate clerk Jeremiah Nyengenye, the Senate claims that the document indicates that Gachagua was in the hospital for 31 days instead of 3 days.

The Senate reveals that hospital documents state that Gachagua was rushed to Karen Hospital on October 17, 2024, at 3 pm, where he was attended to.

According to clerk Nyengenye, Gachagua’s doctor then recommended he be admitted for two to three days for close
monitoring.

However, he cites that the annexed “system generated” medical report shows that he was admitted to the facility for a month, being discharged on November 20, 2024.

“The deponent of the affidavit states that he attended the 1st petitioner (Gachagua), on October 17, 2024, at 3:00 pm and recommended admission for a period of approximately 48 to 72 hours. However, the annexed “system-generated” medical report indicates that the petitioner was admitted on October 17, 2024, at 4:18 pm and discharged on November 20, 2024, at 1:36 pm,” part of Nyengenye’s affidavit reads.

“Consequently, if the purported medical report were to be taken into consideration the same indicates that the first petitioner (Gachagua) remained in hospital for a period of 31 days a duration wholly incompatible with the timelines provided for the impeachment process,” the Senate clerk adds.

The Senate avers that the veracity of the contents of the affidavit cannot be ascertained and that the same is of no evidentiary value.

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.

Surprised by current developments

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.

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.

The impeachment hearing is set to resume on Wednesday, May 13, 2026, at 9 am.