“Gachagua’s Doctor Dr. Gikonyo Breaks Silence on What Happened After He Was Admitted at Karen !

Added: 2026-05-14

[00:00:00]it honorable since, if I quote, 5:10 p.m.

[00:00:07]on the 10th of July, 2006.

[00:00:12]>> Okay. When and under what circumstances did you meet the first petitioner is at all [clears throat] during the period in issue and relevant to these proceedings?

[00:00:24]I believe for the purpose of this issue you are referring to his hospitalization at the current hospital which again from my records had written notes happened at 3:25 p.m. on the 17th of October 2024. Your honor, >> and what happened when you met him? What will happen next?

[00:00:46]>> Your honor, the reason for his coming to hospital, he caught say he's on the way with chest pain and received him and acted accordingly.

[00:00:56]>> From your experience and expertise as a cardiologist, what significant significance do such symptoms have? Your honor, you know chest pain has two uh categorizations.

[00:01:11]There's chest pain that can occur if you are going to have a heart attack.

[00:01:15]Medical terms called myocardian infection.

[00:01:18]That when you say you have chest pain in that category, we look at the possibilities of that being real as what we call the risk factors. And here's a man at his age.

[00:01:34]with a very kind with a very kind. I have listened to where the evidence is headed and in my very humble view. We appear to be expanding the scope of the petition and the epidemic that is before you.

[00:01:52]But it is important that we speak to what easy that is why we then etc etc. We must have my lord.

[00:02:18]>> Yes. If I may respond if you I would refer the court to paragraph 5 of the affidavit. Basically the questions are formulated based on what uh the witness to be point to [clears throat] unless they specifically state exactly what is known. My lord, we request that you do allow the witness to proceed uh with his testimony.

[00:02:56]does not pursue introducing new issues by way of it doesn't mean they introduce sorry then is my height Is that better?

[00:03:24]Is that better?

[00:03:27]Your honor, again, my name is Dr. Dr. Dan Kima.

[00:03:33]I am a medical doctor, a graduate of the University of Nairobi 1975 is 50 years last August postgraduate um internal medicine the same university 1980 thereafter fellow of cardiology and now a member of the a fellow of the American college of cardiologist trained in Minneapolis and the Mayo Clinic in the US of 1985.

[00:04:09]Now practicing at the current hospital, previously a lecturer at the University of Nairobi.

[00:04:15]>> Thank you. Uh you have a document titled affidavit >> on 28th April 2026 consisting of 12 numbered paragraphs. Do you recognize this document?

[00:04:29]>> Your honor, I do have it. Whose appetite is it?

[00:04:34]>> This affidavit, your honor is mine. Dr. Dan, >> whose signature is on page three or five of that epidem?

[00:04:43]>> That your honor is mine, Dr. Dan.

[00:04:48]>> Do you wish to adopt the contents therein as your evidence in this matter?

[00:04:53]>> Your honor, I do.

[00:04:57]Please tell the court whether you are acquainted with any party before these proceedings in a professional capacity.

[00:05:07]I believe by the party you mean the respondent.

[00:05:11]Yes, I'm acquainted with my patient honorable Shagua whom whom I have taken care of if I from my records your honor my uh of the records that I do have with me I have been a doctor to the state honorable since if I quote 5:10 p.m.

[00:05:39]on the 10th of July 2006.

[00:05:44]>> Okay. When and under what circumstances did you meet the first petitioner is at all during the period in issue and relevant to these procedures.

[00:05:56]I believe for the purpose of this issue you are referring to his hospitalization at the current hospital which again from my records had written notes happened at 3:25 p.m. on the 17th of October 2024 your honor.

[00:06:14]>> And what happened when you met him? What will happen next?

[00:06:18]>> Your honor, the reason for his coming to hospital, he caught say he's on the way with chest pain very very briefly then hand over the lord your leadership and also your permission to report that in addition to Dr. The first petitioner habagua and his good wife are also present as they entitled to be.

[00:06:51]I thank you.

[00:06:54]Thank you my lords. On behalf of the respondents I wish to confirm that our appearances are as before.

[00:07:07]I further wish to inform the honorable court and you are not that in as far as the cross examination of Dr. is concerned in the interests of time we have nominated Dr. Yolu and Mr. Mell to deal with that aspect of the matter.

[00:07:33]>> Thank you.

[00:07:34]>> Thank you.

[00:07:36]I think I think the first thing is foritioners to delay for this procedure. Now we are at this stage. So for this become necessary for us to come back.

[00:07:58]My name is Fel.

[00:08:01]The necessity of why we need to examine chief um Dr. Dono is for the so reason that we've had responses filed by Dr. Kindi, Professor Kindi who is an interested party in the matter.

[00:08:25]We've had responses filed by the Senate who are respondents in the matter and my lord there are issues that need to be clarified by Dr. Dono in examination in chief proceed. Thank you my lord.

[00:08:59]Thank you my lord.

[00:09:04]Um perhaps we could either swear Dr. Gono in or >> good morning sir.

[00:09:23]>> Good morning. Good morning.

[00:09:25]>> Um, we were also served with the complying affidavit to the doctor's uh David uh won by uh Mr. Nikki and the cler of the um Senate uh and also being petitioners in this proceedings my um I'm seeking your guidance as to the participation of other petitioners in so far as the affidavit by Mr. Ki and Mr. Otherwise our Quran is as before my Lord I don't understand the basis for the direction being sought from you because you already gave the direction when before you that any party who has desires to cross-examine the witness now on the block would one do two things. First, they would file a reply to that.

[00:10:36]Number two, in that reply, they would intimate whether they wished to cross examine the witness now in the dock.

[00:10:46]Uh, Mr. Dejiro cannot now be ignorant of those directions having not done what you directed should be done by anyone deserving to cross-examine this witness.

[00:11:01]Then he he can he can't come here and just tell you we seek direction on what other practitioners should do.

[00:11:50]Uh, thank you for that the direction which uh uh Mr. has sought. I think directions is what we gave last time.

[00:11:59]I'm very clear for you to find a basis for crossation.

[00:12:06]You must have responded is one way or another. So if you have filed it, I'll allow you to participate. If you have not filed, unfortunately, you cannot go back.

[00:12:19]>> Thank you my lord.

[00:12:21]Mhm.

[00:12:24]>> I >> I >> the full names >> swear by the Almighty God >> swear by the Almighty God.

[00:12:34]>> The evidence I shall give to this court >> the evidence I shall give to this court >> touching the matter in question >> touching the matter in question >> is the truth >> is the truth >> nothing but the truth >> nothing but the truth.

[00:12:48]>> So help me God. So help me God.

[00:12:53]>> Please state your surname, profession and your professional qualifications.

[00:13:00]My name is Dr. Dan Kimuka.

[00:13:04]I'm a medical doctor qualified from University of Nairobi in 1975.

[00:13:12]I hold a master's degree in internal medicine from the same university.

[00:13:18]I'm a fellow of the American College of Cardiology after a course in you giving evidence in court. So we want to hear what you're saying and the quality speak loudly so that can hear you.

[00:13:40]>> I believe it's a microphone noticology if it's okay. Can you hear me now? With the permission of the court, perhaps you could place something under the microphone to just lift it up.

[00:14:01]>> Sorry. Then there's my height.

[00:14:08]Is that better?

[00:14:16]Is that better?

[00:14:19]Your honor, again, my name is Dr. Dr. Dan Kimuka Kono I am a medical doctor a graduate of the University of Nairobi 1975 is 50 years last August postgraduate um internal medicine the same university 1980 thereafter fellow of cardiology and now a member of a fellow of the American College of Cardiologist trained in Minneapolis and the Mayo Clinic in the US after 1985 now practicing at the current hospital previously a lecturer at the University of Nairobi.

[00:15:07]>> Thank you. Uh you have a document titled affidavit >> shown on 28th April 2026 consisting of 12 numbered paragraphs. Do you recognize this document?

[00:15:21]>> Your honor, I do and I do have it.

[00:15:24]>> Whose affidavit is it?

[00:15:26]>> This affidavit, your honor is mine, Dr. Dan, >> whose document signature is on page three or five of that affidavit.

[00:15:35]>> That sign, your honor is mine, Dr. Dan.

[00:15:40]>> Do you wish to adopt the contents therein as your evidence in this matter?

[00:15:45]>> Your honor, I do.

[00:15:49]Please tell the court whether you are acquainted with any party before these proceedings in a professional capacity.

[00:15:59]>> I believe by the party you mean the respondents.

[00:16:03]Yes, I'm acquainted with the my patient honorable Shagua whom >> whom I have taken care of. If I from my records, your honor, my uh hospital records that I do have with me, I have been a doctor in the state honorable since, if I quote 5:10 p.m.

[00:16:31]on the 10th of July, 2006.

[00:16:36]>> Okay. When and under what circumstances did you meet the first petitioner, if at all? [clears throat] during the period in issue and relevant to these proceedings.

[00:16:48]>> I believe for the purpose of this issue you are referring to his hospitalization at the current hospital which again from my records had written notes happened at 3:25 p.m. on the 17th of October 2024 your honor.

[00:17:06]>> And what happened when you met him? What happened next? Your honor, the reason for his coming to hospital.

[00:17:13]He court say he's on the way with chest pain and received him and acted accordingly.

[00:17:20]>> From your experience and expertise as a cardiologist, what signific significance do such symptoms have?

[00:17:28]>> Your honor, you know chest pain has two uh categorizations.

[00:17:35]There's chest pain that can occur if you are going to have a heart attack.

[00:17:39]medical terms called mocardian infection that when you say you have sh in that category we look at the possibilities of that being real as what we call the risk factors and here's a man at his age with a very kind with a very kind I have listened to where the evidence my lord is headed and in my very humble view we appear going to be expanding the scope of the petition and the epidemic that is before you but it is important that we stick to what is there that is why we here we attempt to expand your finet etc. to be able to respond to the questions that are being we have >> my lord.

[00:18:42]>> Yes.

[00:18:43]>> If I may respond if you I would refer the court to paragraph 5 of the affidavit. Basically, the questions are formulated based on what uh the witness to [clears throat] unless they specifically state exactly what is known. My Lord, we request that you do allow the witness to proceed uh with his testimony.

[00:19:20]does not pursue introducing new issues by way of evidence.

[00:19:28]It doesn't mean they introduce new technical issues that we need to deal to respond. I think uh the way forward is uh uh you will uh you refer the witness to particular paragraphs of the >> [cough and clears throat] >> Um, you do have the affidavit with you.

[00:19:51]>> I do have it your honor in front of me.

[00:19:53]>> Okay. Please clarify what you meant under paragraph 5 of your affidavit.

[00:20:02]Your honor, paragraph 5 asks, "Based on my professional expertise, what do these symptoms mean?"

[00:20:20]That your Lord is what understood.

[00:20:24]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.

[00:20:43]That is my simple answer.

[00:20:49]And 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?

[00:21:02]>> 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. In this particular person, I must admit there was additional risk factors of stress and stress has got its own problems of affecting the heart in a condition that we call the tacos procedum.

[00:21:36]I refer you to paragraph 7 of your affidavit.

[00:21:41]Please clarify what you meant in that affidavit on paragraph 7. Again your honor in medical practice and it is stab that can be confirmed from all part of the globe. If somebody presents with chest pain in hospital and has necessary risk factors you are then hospitalized for evaluation to see the extent and the duras at which this process.

[00:22:08]>> What examinations did you conduct? The examination again your own as apart from the physical examination taking a proper history of the circumstances.

[00:22:22]Then you proceed specific tests which includes what we call a tracing of the heartbeat or perhaps of this code called an ECG an ultrasound of the heart in for this purpose of layman's terms an image of the heart and blood test to check for any heart muscle damage which again your honor is all stard madam very kindly as you my direct could we be pointed to specific parts of both the epidemics and the attachments that then align with what the good doctor saying my my concern is what matter we by seeking clarification we then proceeding or extending beyond what is contained in this document it then leaves us in a very precarious position to have that the doctor is here to give us expert evidence and we must give him the room to give that evidence.

[00:23:24]>> Yes. Can we clarify that we will not be my assist?

[00:23:33]>> Yes.

[00:23:34]The issue being raised is we have a written affidavit which is one testimony ordinarily that would be the evidence in chief. The second issue is that it is fright that where the thing has been reduced to a document in this case the fidelity I'm next there too. You cannot under the guise of cross rather examination in chief support to add to subtract from to contradict all vary. Even if this witness were to spend two days HERE IT'S just a waste of your time. Section 9911 of the evidence act says that evidence is inadmissible.

[00:24:27]I think I mean this make a very brief reply.

[00:24:33]The rule of objections as I know them is that you object to something. 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 in chief proceeds and concludes very shortly. Then my learning friends would have their time to impeach and to do anything lawful with the witness of this. Thank you a lot. Um miss you will proceed with the latitude that uh those paragraphs in the gives you and I think we must understand that we have an expert witness. There's a reason why we call him an expert has come to tell us something we may not know. Therefore within that platitude please proceed.

[00:25:26]>> Thank you my lawyer. So what you are referring to was in paragraph six uh of the affidavit >> your honor exactly that's the point the things I've mentioned are in that the ECG uh for the third electroc cardiogram the echo and the blood test I've not gone outside that context >> thank you please refer to paragraph four of your fidavit and our Next cha marked DKG3.

[00:26:03]An extra marked DKG3.

[00:26:09]Can you explain the timings reflected in those documents?

[00:26:21]Your honor is that point number eight.

[00:26:24]>> Paragraph 4.

[00:26:26]Paragraph four of the affidavit.

[00:26:30]>> Yes.

[00:26:33]which talks on when