The High Court has denied the Senate’s request to dismiss Dr. Daniel Gikonyo’s affidavit, which details former Deputy President Rigathi Gachagua’s illness on October 17, 2024.
In his affidavit, sworn on April 28, 2026, Gikonyo states that Gachagua was admitted to Karen Hospital that day at 3 PM, coinciding with his scheduled Senate appearance.
The three-judge bench ruled that despite the petitioners not addressing the affidavit’s filing delay, it was properly submitted. The judges emphasized the importance of justice, allowing the Senate and other respondents to file and serve their responses to the affidavit by the end of the business day on Monday, May 11, 2026.
Justices Eric Ogola, Freda Mugambi, and Antony Murima instructed the Senate and other respondents to specify in their responses whether they wish to cross-examine Dr. Gikonyo regarding his affidavit. If they choose to do so, Gikonyo must appear in person before the bench on Wednesday, May 13, 2026.
The bench stated, “The respondents must indicate if they wish to cross-examine the deponent; if so, he shall attend court physically on May 13, 2026.” They also granted petitioners the opportunity to file any supplementary affidavit in response by the close of business on Tuesday, May 12, 2026.
Senior Counsel Tom Ojienda, representing the Senate, argued for the dismissal of Gikonyo’s affidavit, claiming it unfairly prejudices the third and fourth respondents (the Speaker of the Senate and the Senate). He suggested that if the affidavit remains, Dr. Gikonyo should be summoned for cross-examination.
“This affidavit is embarrassing, and the only way to protect Dr. Gikonyo and all parties is to strike it out,” SC Ojienda asserted.
He criticized Gachagua’s legal team for stating they were unaware of his whereabouts on that day, questioning the timing of Gikonyo’s affidavit nearly two years later. “The learned Senior Counsel Paul Muite informed the Senate he did not know the Deputy President’s location on October 17, 2024, yet Dr. Gikonyo’s affidavit reveals he was hospitalized for over a month,” he concluded.
