kithure Kindiki Seeks Court Permission to Cross-Examine Gachagua’s Doctor in Impeachment Case

Deputy President Prof. Kithure Kindiki has asked the High Court to grant him permission to cross-examine cardiologist Dr. Daniel Kibuka Gikonyo in the ongoing legal battle over the impeachment of former Deputy President Rigathi Gachagua.

In documents filed in Petition No. E565 of 2024, Kindiki argues that the supplementary affidavit sworn by Dr. Gikonyo contains disputed medical and factual issues that cannot be properly tested through written submissions alone.

He maintains that the court must allow oral cross-examination to interrogate the credibility, authenticity, and reliability of the medical evidence presented, which he says is central to the case.

According to Kindiki, the medical information in question relates to events allegedly occurring around October 17, 2024, but was introduced into the proceedings much later, after the petitioners had already closed their case and filed submissions.

He also questions why the medical records attached to the affidavit were not presented during the Senate impeachment proceedings, arguing that the Senate was the proper constitutional forum at the time the matter was being determined.

Through his legal team, the Deputy President further raises concerns about the timing, preparation, and disclosure of the medical documents, saying key questions remain unanswered regarding how and when the medical opinion was generated.

Kindiki insists that without cross-examination, the opposing parties would be denied a fair opportunity to test the truthfulness and consistency of the evidence presented by Dr. Gikonyo.

He is therefore seeking orders allowing his lawyers to question the cardiologist on the contents of his affidavit, the medical reports attached, and the circumstances under which the documents were prepared and filed in court.

The dispute forms part of ongoing constitutional petitions challenging the legality of the impeachment process against Gachagua.

In his affidavit, Dr. Gikonyo stated that he conducted a detailed cardiological assessment of Gachagua on October 17, 2024, including physical examinations and diagnostic tests to determine his medical condition.

He noted that the symptoms observed were consistent with possible cardiac events, especially in individuals with underlying risk factors such as hypertension, diabetes, stress, and obesity.

Gachagua was discharged on October 20, 2024, but by that time the Senate had already voted to impeach him on 11 charges.

The former Deputy President is now relying on the medical evidence to argue that his removal from office was unconstitutional and procedurally flawed.