Former Deputy President Rigathi Gachagua has secured a major procedural victory in his ongoing challenge against his 2024 impeachment. On Thursday, May 7, 2026, a three-judge bench at the Milimani High Court ruled to admit a supplementary affidavit into the official record, despite fierce opposition from state lawyers.
The affidavit, sworn by renowned cardiologist Dr. Daniel Gikonyo of Karen Hospital on April 28, provides expert medical testimony regarding Gachagua’s health during the final stages of his impeachment. The document confirms that Gachagua was admitted with severe chest pains on October 17, 2024—the same day he was unable to appear before the Senate for his trial.
The Ruto Phone Call Revelation
The most explosive detail in the admitted document involves a claim that President William Ruto personally called the hospital. According to Dr. Gikonyo, the President telephoned him directly on the day of the impeachment to inquire about Gachagua’s clinical condition.
Gachagua’s legal team, led by Senior Counsel Paul Muite, argues that this phone call proves the executive was fully aware of the Deputy President’s genuine illness, yet the impeachment process was allowed to proceed to a vote in his absence.
Why the State Opposed the Evidence
Lawyers representing the National Assembly, the Senate, and the Attorney General—including Senior Counsel Githu Muigai and Tom Ojienda—launched a spirited attempt to have the affidavit struck out. They raised several objections:
The Court’s Ruling: “Interest of Justice”
Despite noting the delay in filing, the bench—comprising Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi—ruled that expunging the document would be a disservice to the case. Justice Ogolla stated that the affidavit would remain on record in the “wider interest of justice,” as it provides critical context to Gachagua’s absence during his removal.
This ruling sets the stage for a high-stakes cross-examination. The court has scheduled a further hearing for May 13, 2026, where Dr. Gikonyo is expected to appear in person to testify about the contents of the affidavit and the specific details of the President’s alleged phone call.
While Gachagua has abandoned his quest to be reinstated as Deputy President, this victory keeps his pursuit of damages and a declaration of an “unlawful” impeachment very much alive.