The Kenyan Senate has urged the court not to interfere with the discretion of its impeachment chamber, insisting that the process involving former Deputy President Rigathi Gachagua was conducted lawfully despite claims of illness and requests for adjournment.
In a replying affidavit sworn by Senate Clerk Jeremiah Nyegenye on Tuesday, the Senate maintained that the impeachment proceedings continued within constitutional limits and that the chamber acted appropriately when it declined to halt the hearing based on what it described as unverified medical claims.
Nyegenye, who also serves as Secretary to the Parliamentary Service Commission, stated that the decision to proceed was based on procedure, available information at the time, and the discretionary powers granted under the Senate Standing Orders.
According to court documents, Gachagua’s legal team had requested an adjournment during the impeachment session held on October 17, 2024, claiming he had fallen ill and required urgent medical attention.
However, the Senate argued that no sufficient medical evidence was presented before the trial chamber at the time the request was made, making it impossible to justify a pause in proceedings.
The Senate further maintained that adjournments in impeachment hearings are not automatic and must be supported by credible and timely proof.
Nyegenye explained that under Article 145 of the Constitution and the relevant Standing Orders, the impeachment chamber has the authority to manage its own proceedings, including deciding whether or not to grant adjournments.
He added that the chamber exercised that discretion after carefully considering the circumstances presented during the hearing.
The Senate also challenged medical documents later presented in court, saying they were not submitted during the impeachment process and were introduced only after the proceedings had already concluded.
“That the purported medical report… is an afterthought and incapable of retrospectively curing the absence of evidence before the trial chamber at the material time,” the affidavit stated.
On his part, Gachagua’s legal team defended the medical affidavit, arguing that it was relevant to the case and proved that he was indeed unwell during the impeachment period.
The document, sworn by cardiologist Dr Daniel Gikonyo of Karen Hospital, states that Gachagua was admitted on October 17, 2024, after experiencing severe chest pain.
Dr Gikonyo further stated that while Gachagua was receiving treatment, President William Ruto reportedly called to inquire about his condition.
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