EXPLAINER: Why The Senate Impeached Gachagua Despite Being Hospitalized

EXPLAINER: Why The Senate Impeached Gachagua Despite Being Hospitalized

The Senate has defended its decision to proceed with the impeachment hearing of former Deputy President Rigathi Gachagua, telling the court that the process lawfully continued despite his plea of illness and request for adjournment.

In a replying affidavit sworn by Senate Clerk Jeremiah Nyegenye on Tuesday, the House maintains that the impeachment chamber acted within its constitutional mandate when it declined to halt proceedings on the basis of unverified medical claims.

Nyegenye, who is also the Clerk of the Senate and Secretary to the Parliamentary Service Commission, says the decision to proceed was grounded on procedure, available information at the time, and the discretionary powers granted under the Senate Standing Orders.

According to the affidavit, Gachagua’s legal team had sought an adjournment during the impeachment proceedings on October 17, 2024, arguing that he had fallen ill and required medical attention.

However, the Senate states that no sufficient medical evidence was presented before the trial chamber to substantiate the claim at the moment the request was made.

It argues that in impeachment proceedings, adjournments are not automatic and must be supported by cogent and timely proof.

Nyegenye states that the trial chamber, sitting under Article 145 of the Constitution and the relevant Standing Orders, is empowered to manage its own proceedings, including determining whether to grant or refuse adjournment applications.

He adds that the chamber properly exercised that discretion after considering the circumstances presented to it at the time.

The Senate further contends that the medical documentation (an affidavit) now being relied upon by Gachagua was not placed before the impeachment panel during the hearing.

Instead, it claims it was introduced later in court proceedings, long after the impeachment process had concluded.

“That I am advised by the 3rd and 4th Respondents’ (Speaker of Senate and Senate) Advocates that the purported medical report annexed to the affidavit sworn on the 28th day of April 2026 is an afterthought and incapable of retrospectively curing the absence of evidence before the trial chamber at the material time,” the replying affidavit states.

Gachagua’s legal team defended the affidavit introduced in court, insisting it was relevant to the issues before the court and necessary in establishing that he was indeed unwell during the impeachment period.

The affidavit, dated April 28, 2026, was sworn by Dr Daniel Gikonyo of Karen Hospital and a specialist in adult cardiology, who stated that Gachagua had been admitted to Karen Hospital on October 17, 2024, after complaining of severe chest pain.

Dr Gikonyo stated in the affidavit that while Gachagua was under his care, President William Ruto telephoned him to inquire about the former Deputy President’s condition.

His lawyers told the court that the affidavit did not alter the scope of the petition but instead provided expert medical confirmation regarding Gachagua’s health condition at the material time.

“Established jurisprudence fully supports the admission of the impugned affidavit material in the interest of justice,” they submitted.

The legal team further argued that declining to admit the affidavit would unfairly prejudice Gachagua’s case and deny him an opportunity to fully present his evidence before the court.

The bench ultimately agreed to retain the affidavit despite concerns raised over the delay in filing.

Court told ex-DP Gachagua’s medical report contains errors, Senate Clerk Nyegenye claims it wrongly indicated he was hospitalised for 31 days instead of three. pic.twitter.com/5Mqk5YAJzq
— KTN News (@KTNNewsKE) May 12, 2026

In its response to the disputed document, the Senate raises concerns over what it describes as inconsistencies in the medical records submitted by Gachagua’s side.

It points to discrepancies between the reported time of hospital admission and the duration of the alleged treatment period, which it says appears to extend beyond the practical timelines of the impeachment proceedings.

“The deponent (Dr Gikonyo) of the Affidavit states that he attended to the 1st Petitioner (Gachagua) on the 17th day of October 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 the 17th day of October 2024 at 4:18 PM and discharged on the 20th day of November 2024 at 1:36 PM,” court records by the Senate state.

“Consequently, if the purported medical report were to be taken into consideration, the same indicates that the 1st Petitioner remained in hospital for a period of 31 days, a duration wholly incompatible with the timelines provided for impeachment proceedings.”

The affidavit suggests that these inconsistencies undermine the reliability of the documents and raise questions about their evidentiary value.

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The Senate further argues that Gachagua’s counsel had indicated during the proceedings that medical evidence could be availed, but ultimately failed to present it before the chamber.

This, it says, left the trial panel with no verified basis upon which to halt the hearing.

Nyegenye maintains that allowing impeachment proceedings to be suspended on the basis of unsubstantiated illness claims would undermine the efficiency and integrity of constitutional processes.

Ultimately, the Senate urges the court not to interfere with the discretion exercised by the impeachment chamber.

It argued that it acted within the law and based its decision on the information available at the time.

The hearing resumes on Wednesday, May 13, 2026.

EXPLAINER: Why The Senate Impeached Gachagua Despite Being Hospitalized