NAIROBI, Kenya May 16 – Deputy President Kithure Kindiki has filed a notice of appeal challenging a ruling by a three-judge bench that allowed the admission of an affidavit sworn by Dr Daniel Gikonyo in ongoing court proceedings.
In the notice of appeal, Kindiki expressed dissatisfaction with last week’s decision by Justices Ogola, Mrima, and Mugambi, and indicated his intention to move to the Court of Appeal to contest the ruling in its entirety.
He is specifically challenging the court’s finding that the affidavit sworn by Dr Daniel Gikonyo, along with its annexures, is admissible and was properly filed and served.
“That Prof. Kithure Kindiki, the 2nd Interested Party herein, being dissatisfied with the Ruling delivered by this Honourable Court (Ogola, Mrima and Mugambi JJ.) on 07 May 2026, intends to appeal to the Court of Appeal against all such parts of the Ruling as found and held that the Affidavit sworn by Dr Daniel Kibuka Gikonyo together with the annextures thereto is admissible and duly filed and served,” the notice reads in part.
The appeal effectively sets the stage for a fresh legal battle before the Court of Appeal, where the admissibility of the affidavit and its supporting documents will be reviewed.
The disputed affidavit had been filed by Dr Gikonyo in the ongoing proceedings, and its inclusion in the case has now become a central point of contention.
The Court of Appeal is expected to determine whether the High Court bench properly admitted the document and whether it should remain part of the case record as the matter proceeds.