Court files expose State House ‘drama’ during Gachagua’s impeachment

Fresh court documents have revealed behind-the-scenes events at State House and within government circles during the dramatic impeachment of former Deputy President Rigathi Gachagua, including details of a personal phone call made by President William Ruto to inquire about Gachagua’s health while the Senate debated his removal from office.

The documents, filed as part of Gachagua’s ongoing legal challenge against his impeachment, disclose that President Ruto personally contacted renowned cardiologist Dr. Daniel Kibuka Gikonyo, the owner of Karen Hospital, after Gachagua was admitted to the facility on October 17, 2024.

At the time, the Senate was in the middle of hearing an impeachment motion against Gachagua after the National Assembly voted overwhelmingly to remove him from office.

According to an affidavit sworn by Dr. Gikonyo, President Ruto called him directly to inquire about the condition of his then deputy, who had by then become one of his fiercest political rivals following months of public fallout within the Kenya Kwanza administration.

The High Court has since allowed into the record a supplementary affidavit filed by Gachagua containing that President Ruto personally called a hospital to inquire about his condition during the period leading up to his impeachment.

The affidavit, sworn by the renowned cardiologist had been challenged by lawyers representing state agencies and other respondents in the impeachment petition.

They sought to have it struck out, with the State arguing it was filed without leave of the court and that it introduced new matters requiring verification.

But the three-judge bench declined to expunge the affidavit, ruling that it would remain part of the court record in the wider interest of justice.

“In spite of having noted that the petitioners did not address the apparent delay in filing the affidavit, we nevertheless deem the said affidavit duly filed and properly on record in the wider interest of justice,” Justice Eric Ogolla said in a ruling delivered on behalf of the bench.

The affidavit, dated April 28, 2026, was sworn by Gikonyo.

According to the doctor, the former Deputy President had been under his care since 2006 and was admitted for close monitoring and specialised treatment following a comprehensive cardiac assessment.

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

“On October 17, 2024, while the 1st Petitioner (Gachagua) was under my care, I received a telephone call from the President of the Republic of Kenya, H.E William Ruto, who inquired as to the 1st Petitioner’s (Gachagua) condition and I confirmed that the 1st Petitioner had indeed been admitted at Karen Hospital, Nairobi and was receiving treatment under my care,” the affidavit reads.

Dr. Gikonyo confirmed that Gachagua had been admitted to Karen Hospital under his care after developing severe chest pains.

“I confirm that the 1st petitioner (Gachagua) was admitted under my care on October 17, 2024,” Dr. Gikonyo stated in the affidavit filed before the court.

The veteran cardiologist disclosed that Gachagua arrived at the hospital at approximately 3 p.m. complaining of intense chest pain, prompting immediate medical intervention and specialised cardiac assessment.

Dr. Gikonyo, who noted that he had been treating Gachagua since 2006, explained that the symptoms presented by the former Deputy President were medically serious and potentially indicative of a cardiac event.

“Based on my professional expertise, such symptoms are clinically consistent with potential cardiac events, particularly in individuals aged 45 years and above,” he stated.

He added that such conditions may be linked to underlying illnesses including hypertension, diabetes, stress-related complications and obesity, all of which can significantly increase the risk of heart-related complications.

The affidavit further states that Dr. Gikonyo carried out a comprehensive medical assessment on Gachagua, including physical examinations, blood tests and other cardiological investigations to establish the cause of the chest pains and determine the appropriate course of treatment.

He said he personally supervised Gachagua’s treatment and recommended that he remain admitted for between 48 and 72 hours for close monitoring and specialised care.

Gachagua was eventually discharged on October 20, 2024.

“That I make this affidavit in my capacity as a medical expert in adult cardiology to assist this honourable court in establishing that the 1st petitioner was duly admitted to the hospital on October 17, 2024 and was undergoing treatment for severe chest pain,” Dr. Gikonyo stated.

The disclosure is likely to reignite debate surrounding the dramatic impeachment process that culminated in Gachagua’s removal from office.

The former Deputy President had failed to appear before the Senate on the day lawmakers debated his impeachment after he was rushed to hospital, a development that sparked political controversy at the time, with some of his allies insisting that he was genuinely unwell while critics questioned the timing of the hospitalisation.

Despite his absence, the Senate proceeded with the impeachment hearing and later upheld the charges against him, sealing his removal from office.

The case is expected to reopen scrutiny on one of the most dramatic political fallouts in recent Kenyan history, exposing fresh details about the tense relationship between President Ruto and his former deputy during the final hours before Gachagua’s removal from office.

The process had begun earlier on October 8, 2024, when the National Assembly voted to impeach Gachagua after 281 Members of Parliament supported the motion containing 11 charges against him.

The Senate later ratified the decision, formally ending his tenure as Deputy President.

A day after the Senate decision, President Ruto nominated Professor Kithure Kindiki to replace Gachagua as Deputy President, with Parliament swiftly approving the nomination.

However, Gachagua has since mounted an aggressive legal challenge seeking to overturn the impeachment.

In court filings, he argues that the impeachment process violated constitutional requirements and denied him a fair hearing.

The former Deputy President contends that lawmakers debated and voted on issues that were not part of the original impeachment motion tabled before the National Assembly.

Gachagua further argues that Parliament failed to conduct meaningful public participation before initiating and approving the motion to remove him from office.

Gachagua also claims that the threshold required under Article 145(1) of the Constitution to impeach a Deputy President was not met.

According to the court documents, Gachagua maintains that Parliament failed to apply the appropriate standard of proof before concluding that the allegations against him justified removal from office.

He has also accused both the National Assembly and the Senate of turning the impeachment proceedings into what he described as a personal and family attack rather than a legitimate constitutional process.

“The National Assembly and the Senate conducted themselves in an unconstitutional manner and denied the applicant the right to fair hearing. His rights under Article 50(1) of the Constitution were breached,” Gachagua stated in the court filings.

The former Deputy President is now asking the court to determine whether the Senate could lawfully proceed with an impeachment motion without adequate public participation and whether lawmakers improperly introduced extraneous matters that were not contained in the original motion passed by the National Assembly.