The Senate has opposed attempts to reopen questions surrounding the illness claims raised during the impeachment proceedings against former Deputy President Rigathi Gachagua, arguing that no sufficient medical evidence was presented before the chamber at the time of the hearing.

In a replying affidavit sworn on May 11, 2026, Senate Clerk Jeremiah Nyegenye says  Senate only recently became aware of the medical information contained in an affidavit filed by Dr. Daniel Kibuka Gikonyo on April 28, 2026.

Nyegenye further submitted that the Senate, sitting as a trial chamber under Articles 145 and 150 of the Constitution, had discretion to determine whether impeachment proceedings could be adjourned. He argues that it was incumbent upon Gachagua’s legal team to provide convincing evidence of illness during the proceedings on October 17, 2024.

According to the affidavit, the request for adjournment was based on claims that Gachagua was unwell, but the Senate maintains that the necessary medical documentation were not availed before the chamber at the material time.

The Senate further describes  the medical report now being relied upon as an “afterthought,” arguing that it cannot retrospectively cure the absence of evidence during the impeachment hearing.

Nyegenye also raises questions over inconsistencies in the medical documents presented before court. While the doctor’s affidavit states that Gachagua was examined on October 17, 2024 and recommended for admission for between 48 and 72 hours, the annexed hospital report allegedly shows he was discharged on November 20, 2024, suggesting a hospital stay of 31 days.

The Senate argues that such a lengthy hospitalization would have been incompatible with the strict constitutional timelines governing impeachment proceedings.

The affidavit further states that Gachagua’s lawyers had indicated during the Senate proceedings that they would produce a medical report, but allegedly failed to do so before the conclusion of the impeachment process.

The Senate and Parliamentary Service Commission are asking the court to dismiss reliance on the medical affidavit, arguing that its contents and authenticity cannot be independently verified.