The Senate has urged the court to strike out Dr Daniel Gikonyo’s affidavit that claims that the former deputy president, Rigathi Gachagua, suffered a heart attack on the day he was to appear before the Senate on October 17, 2024, for his impeachment hearing.

Through Senior Counsel Tom Ojienda, the Senate argues that they are 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.

Appearing before Justices Eric Ogola, Freda Mugambi, and Antony Murima on May 7, 2026, Ojienda has further stated that Gikonyo’s affidavit was served to them rudely and then sneaked into court.

“My lords and lady, the affidavit was served upon us rudely, it was sworn on April 28, 2026, filed on April 30, 2026, before the holiday and served on us yesterday morning (May, 6,2026), and then none of the parties in court has commented on it,” Professor Ojienda submitted.

In urging the bench to strike out Gikonyo’s affidavit, Senior Counsel Ojienda has averred that the Senate proceeded with the impeachment on the basis that the whereabouts of the former deputy president were unknown.

Ojienda has told the bench that is surprising that Gikonyo’s affidavit explaining Gachagua’s whereabouts and why he could not appear before the Senate comes almost two years later, after the adjournment by the Senate on October 17, 2024.

“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 swear an affidavit stating that the Deputy President then was admitted for over a month,” SC Ojienda submitted to the bench.

According to Ojienda, 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.

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.