Deputy President Kithure Kindiki has moved to the Court of Appeal to challenge a High Court ruling that admitted into record an affidavit sworn by cardiologist Dr Daniel Kibuka Gikonyo in the ongoing impeachment case involving former Deputy President Rigathi Gachagua.

In the notice of appeal, Prof. Kindiki says he is dissatisfied with the May 7, 2026 decision by Justices Eric Ogolla, Anthony Mrima and Fred Mugambi, which found Dr Gikonyo’s affidavit admissible and properly filed.

The contested affidavit states that Gachagua was admitted at Karen Hospital on October 17, 2024, with severe chest pains and was placed under specialised cardiac care. Dr Gikonyo further claimed that President William Ruto personally called him to inquire about Gachagua’s condition while he was receiving treatment.

During his court testimony, Dr Gikonyo confirmed receiving the call from President Ruto, telling the judges that the Head of State asked about Gachagua’s medical status and was informed that doctors were still conducting tests. He added that he first sought Gachagua’s consent before sharing any information about his condition.

The cardiologist also defended his medical report during intense cross-examination, insisting that Gachagua’s symptoms, including chest pain linked to stress, required urgent observation and specialised treatment. He told the court that tests including ECG and Trop-T examinations were conducted to rule out a possible heart attack.

Dr Gikonyo further explained discrepancies raised by state lawyers regarding hospital records, clarifying that Gachagua arrived at the hospital at about 3pm but was formally admitted at 4:18pm after administrative procedures were completed. He also dismissed claims of inconsistencies in discharge dates, saying one date reflected medical discharge while the later date related to clearance of the hospital bill.

The appeal by Kindiki now sets the stage for a fresh legal battle over the admissibility of the affidavit and supporting medical documents in the ongoing proceedings challenging Gachagua’s impeachment.