The ruling, delivered by a three-judge bench sitting at the Milimani Law Courts, allowed the affidavit to remain part of the official court record despite fierce objections from lawyers representing Parliament and the Attorney General.
The affidavit has become a key part of Gachagua’s defence because it contains details surrounding his health condition during the dramatic Senate impeachment proceedings in October 2024.
According to court submissions, the former deputy president was admitted to Karen Hospital after reportedly suffering severe chest pains on the same day senators voted to remove him from office.
Lawyers representing Parliament had argued that the affidavit introduced fresh claims without proper permission from the court.
They insisted the document contained sensitive allegations that required independent verification and should therefore be struck out entirely.
Among the controversial claims contained in the affidavit is an assertion by cardiologist Dr. Daniel Gikonyo that President William Ruto personally called him to inquire about Gachagua’s condition while the impeachment proceedings were ongoing in the Senate.
Senior Counsel Githu Muigai and lawyer Tom Ojienda, appearing for the respondents, maintained that the affidavit raised serious issues that could not simply be admitted without scrutiny.
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Ojienda further questioned inconsistencies in the timeline presented by Gachagua’s team regarding his whereabouts during the Senate hearing.
However, Gachagua’s legal team defended the filing, arguing that the affidavit was essential in explaining the circumstances under which the impeachment process proceeded despite his illness.
In their ruling, the judges stated that the affidavit had been properly filed and should remain on record in the wider interest of justice.
Justice Eric Ogolla noted that the court found no sufficient grounds to expunge the document at this stage of the proceedings.
The decision is being viewed as an early boost for Gachagua as he seeks to overturn the historic impeachment that saw him removed from office after the Senate upheld several charges against him in October 2024.
The broader case continues to attract national attention, with Gachagua’s lawyers arguing that the impeachment process was rushed, politically motivated, and failed to meet constitutional standards for public participation and fair hearing.
The court is expected to continue hearing submissions before eventually delivering a judgment that could shape the future of impeachment proceedings in Kenya.
