Kumbe, former Deputy President Rigathi Gachagua's supplementary affidavit is now in hot soup! The High Court is being asked to yank it out completely, with respondents arguing it's full of untested allegations—including some spicy claims about President Ruto making a hospital call.

The Plot Thickens: What's Really Going On?

Sawa, picture this: Gachagua's legal team dropped a supplementary affidavit like a surprise album, but bana, the respondents are saying "tembea!" They're arguing the whole thing was filed without court permission and introduces fresh matters that weren't even part of the original impeachment case in Senate. Lakini hapa ndio kitu—this isn't just any document. We're talking about serious allegations here, including one where Gachagua claims President Ruto personally called a hospital asking about his health. That's the kind of claim that needs serious proof, not just hearsay.

The legal team on the other side is basically saying: "Judge, this document is sketchy. It shows up more than a year after the alleged events, no explanation for the delay, and it wasn't even presented during the Senate impeachment hearings." Si uone, timing is everything in court, and this timing reeks of desperation mixed with strategy. They want the affidavit completely expunged from the record—gone, finished, off the table.

Why The Court Should Be Skeptical

Here's where it gets interesting, aki. The respondents' lawyers are pointing out that Gachagua had multiple opportunities to present this material when it mattered—during Senate proceedings. But he didn't. Now, when the case is nearly wrapped up at the High Court, suddenly new "evidence" appears? That's the kind of move that makes judges raise their eyebrows faster than a matatu conductor spotting a traffic cop.

The court's job, they argue, is simply to check whether Senate and Parliament acted lawfully based on what was properly presented during impeachment hearings. Nothing more, nothing less. Introducing brand new allegations at this stage? That's crossing the line, bana. It could completely change the game and alter submissions already made to the court. That's not justice—that's playing chess with moving pieces.

The Stakes Are Sky-High

This isn't just about one affidavit or one claim about a phone call. This is about the integrity of the entire impeachment process. If the High Court allows last-minute evidence that wasn't tested during Senate proceedings, it opens the floodgates. Suddenly, every legal dispute becomes a game of "wait until the very end to drop the bomb." That's not how rule of law should work in Kenya.

The three-judge bench now has to decide: Does Gachagua's supplementary affidavit stay or does it get struck out? Either way, this ruling will send serious signals about how courts handle evidence in impeachment disputes going forward.

The Jukwaa Take: When you come to court with allegations about presidential phone calls but can't explain why you waited over a year to mention them, the judges are probably not buying what you're selling.

📰 Source: Capital FM Kenya