Kumbe Gachagua just scored his first major W in the impeachment court battle! A three-judge bench has allowed his health affidavit into the record, dealing a serious blow to Parliament and the Attorney General's lawyers who were fighting tooth and nail to keep it out.

The Health Card Stays in Play

Sawa, so here's the tea: Rigathi Gachagua's legal team submitted a supplementary affidavit explaining his health situation when Parliament impeached him in October 2024. Parliament's heavyweight lawyers—talking Senior Counsel Githu Muigai and Tom Ojienda—came out guns blazing, arguing this fresh evidence had no business being in the courtroom without proper permission. They wanted it struck out faster than you can say "procedural irregularities."

But Justice Eric Ogolla and his bench said "sio hivyo"—not so fast. The judges ruled the affidavit was properly filed and belongs in the court record "in the wider interest of justice." That's basically the court saying, "Kumbe, this matters for our case," and now Gachagua gets to use health claims as part of his defense. Ndio, it's a proper victory lap moment.

Parliament's Shaky Timeline Arguments Got Demolished

Listen, Tom Ojienda tried to be clever about it. He questioned when exactly Gachagua was where, claiming his team's timeline contradicted what they told the Senate earlier. He even said Gachagua's lawyer Paul Mwite "did not know where the deputy president was on the 17th." Classic move—create confusion, hope the judges throw out the whole affidavit. But aki, it didn't work.

The respondents also brought up something spicy: allegations that President William Ruto called Karen Hospital to ask about Gachagua's health. They wanted that rebuted and verified. Lakini the judges weren't moved. The bench essentially said, "Yes, the affidavit is staying," and now those health claims are part of the legal record that could shape how this entire impeachment case unfolds.

What This Means for Round Two

This ruling is huge because health and fitness to stand trial are serious legal matters. If Gachagua can prove he was genuinely unwell during impeachment proceedings, it could impact the legitimacy of how Parliament conducted the whole process. Parliament's lawyers were fighting like their lives depended on it because they knew exactly how dangerous this evidence could be to their case. Now they've got to deal with it head-on.

The former DP's legal team played this perfectly—they knew what they were doing when they filed that affidavit, and the court just validated their strategy. This is the kind of momentum that shifts court battles, bana.

The Jukwaa Take: Gachagua just proved that in Kenya's courts, the pen (and the affidavit) can be mightier than Parliament's big names—at least for now!

📰 Source: Kenyans.co.ke