Khalif Kairo Seeks Magistrate’s Recusal, Citing Bias in Criminal Trial
City car dealer and businessman Joseph Kairo Wambui, popularly known as Khalif Kairo, has filed an application seeking the recusal of Senior Principal Magistrate M. Murage from his ongoing criminal case, alleging judicial bias and an environment unfit for a fair trial.
In a sworn affidavit, Kairo claims he no longer believes in the court’s impartiality, arguing that the magistrate is unable to uphold the principles of blind justice. He maintains that there are no legal barriers preventing the court from stepping aside, emphasizing that the case could proceed before another judicial officer without hindering justice.
“There is no emergency or necessity barring the recusal of this court from this matter,” the affidavit reads. “The matter will still be heard and justice delivered if another judicial officer takes over.”
Kairo also accuses the court of frustrating efforts to have his bond terms reviewed, stating that such matters are often left to judicial discretion, which is not always open to appeal or revision.
“It is therefore just and fair that I be heard in another trial court where I do not perceive bias in the exercise of such discretion,” he notes.
He further alleges that delays by the Kenya Revenue Authority (KRA) in verifying the Personal Identification Number (PIN) of his surety—leading to his continued detention until April 28, 2025—were deliberate, despite the simplicity of the process.
According to Kairo, the delays were part of a broader scheme of harassment, allegedly instigated by the complainant, Marion Cheptoo. He claims Cheptoo had previously warned him that she would “use the justice system to teach him a lesson.”
Kairo says Cheptoo later demanded Ksh.1.5 million by June 17, 2025, threatening that failure to comply would result in a swift conviction and imprisonment.
“Against the background of these threats, I am convinced that I will not get justice from this Honourable Court,” he states. “I have no faith that Hon. Murage will grant me a fair trial.”
He also points to several ongoing criminal cases against him, alleging they have involved orchestrated, humiliating public arrests intended to damage his reputation and disrupt his business.
Kairo concludes that no prejudice would be suffered by either the State or the complainant if the application is granted, asserting that his request aims solely to safeguard the integrity of the judicial process.
The court is expected to issue a ruling on the application in due course.
