Stress put Gachagua’s heart at risk-ECG, ultrasound & blood tests confirmed the danger - Dr. Gikonyo

Added: 2026-05-14

[00:00:00]is to proceed with his testimony.

[00:00:11]Well, the main purpose does not proceed introducing new issues by way of evidence in chief.

[00:00:22]It doesn't mean you can introduce new technical issues that we need to deal with. Who would have to respond? I think the way forward is Mr. Waipapa you will uh you will refer the witness to particular paragraphs of the affidavit.

[00:00:42]Um you do have the affidavit with you? I do have it, your honor, in front of me.

[00:00:47]Okay. Please clarify what you meant under paragraph five of your affidavit.

[00:00:56]Your honor, paragraph five asks, "Based on my professional expertise, what do these symptoms mean?"

[00:01:14]But your your Lordship is what I understood.

[00:01:18]My answer to that is that based on my experience, those type of symptoms, depending on the probability of disease, which depends on your risk factors, would imply that you could be having a heart attack.

[00:01:37]That is my simple answer.

[00:01:43]Um based on paragraph six of your affidavit, what role or steps did you take with respect to the first petitioner having been presented before you?

[00:01:56]Your Honor, if a man of that age and risk factors presents, there are standard protocols that we follow in medicine to evaluate that person.

[00:02:12]In this particular person, I must admit there was additional risk factors of stress.

[00:02:18]And stress has got its own problems of affecting the heart in a condition that you call a takotsubo syndrome.

[00:02:30]I refer you to paragraph seven of your affidavit.

[00:02:35]Please clarify what you meant in that affidavit on paragraph seven. Again, Your Honor, in medical practice, and it is standard that can be confirmed from all parts of the globe, if somebody presents with chest pain in hospital and has the necessary risk factors, they are then hospitalized for evaluation to see the extent and the dangers at which this process.

[00:03:02]What examinations did you conduct?

[00:03:06]The examination, again, Your Honor, are standard.

[00:03:10]Apart from the physical examination, taking a proper history of the circumstances, and you proceed specific tests, which includes what we call a tracing of the heartbeat or perhaps of the heart, called an ECG, an ultrasound heart in the for this purpose of layman's terms, an image of the heart, and blood tests to check for any heart muscle damage, which again, Your Honor, is all standard.

[00:03:42]Madam, very gladly, >> [snorts] >> as you Madam did direct, could we be pointed to specific parts of both the affidavit and the attachments And then aligning with what the good doctor said, my lord.

[00:03:57]My my concern is what, my lord? We by seeking clarification we're then proceeding or extending beyond what is contained in this document.

[00:04:07]It then leaves us in a very precarious position in terms of >> that the doctor is here to give us expert evidence, and we must believe in the ruling and do that and then Can I clarify My lord, beyond that contained in the affidavit We we we lose this.

[00:04:25]My lord, if I may assist the court The issue being raised is we have a written affidavit which is sworn testimony.

[00:04:35]Ordinarily, that would be the evidence in chief.

[00:04:38]The second issue is that it is trite that where a thing has been reduced to a document in this case, the affidavit and the next chair there, too.

[00:04:53]You cannot under the guise of cross rather examination in chief purport to add to to subtract from to contradict or vary. Even if this witness were to spend 2 days here Is just a waste of your time. Section 99 to 111 of the Evidence Act says that evidence is inadmissible.

[00:05:21]My lord, I've been permitted to make a very brief reply.

[00:05:26]The rule of objections, as I know them is that you object to something.

[00:05:32]Objection irrelevant. Objection something. There's no specific objection being told that the objections without a proper basis. We kindly request you to order that the examination