Former Deputy President Rigathi Gachagua has recorded an early procedural win in his ongoing impeachment case after a three-judge bench at the Milimani Law Courts admitted a supplementary affidavit filed by his legal team into evidence.
The affidavit, which focuses on his health condition during the impeachment proceedings in October 2024, will now remain part of the official court record following the ruling delivered on Thursday.
The judges held that the document had been properly filed and that its inclusion was necessary in the interest of justice, effectively rejecting calls from the respondents to have it struck out.
Lawyers representing Parliament and the Office of the Attorney General had opposed the admission of the affidavit, arguing that it was introduced without prior leave of the court and raised serious allegations requiring independent verification.
They further claimed that the contents included sensitive assertions, among them allegations that President William Ruto allegedly contacted Karen Hospital to inquire about Gachagua’s health status—claims they said needed formal rebuttal.
Senior Counsel Githu Muigai and lawyer Tom Ojienda, appearing for Parliament, also questioned the timeline presented by the former DP’s legal team, arguing that it conflicted with earlier submissions made before the Senate during the impeachment process.
According to Ojienda, inconsistencies in the record raised doubts about Gachagua’s whereabouts during key moments of the proceedings, further complicating the legal dispute.
However, Gachagua’s legal team strongly defended the supplementary affidavit, insisting it was critical in clarifying the circumstances under which the former Deputy President was allegedly unwell during the impeachment hearings.
They maintained that the court needed to consider the medical context in order to fairly determine the legality and fairness of the impeachment process.
In delivering the ruling, Justice Eric Ogolla, who sat in the three-judge bench, stated that the affidavit had been duly filed and properly placed on record.
He emphasized that its inclusion served the wider interest of justice, a position that effectively handed Gachagua an early advantage in the ongoing legal battle.
The case continues to attract national attention as both sides prepare for the next phase of hearings, with legal teams expected to further interrogate the circumstances surrounding the impeachment proceedings.
Legal observers note that the admission of the affidavit may influence how the court evaluates procedural fairness claims raised by Gachagua’s team, especially regarding his alleged inability to fully participate in earlier proceedings due to illness. The matter remains politically sensitive as the legal process continues.
