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, citing claims of bias and an environment hostile to fair adjudication.
In a sworn affidavit, Kairo expressed deep concerns over the court’s impartiality, asserting that he has “lost faith in the impartiality of the court” and does not believe the magistrate can deliver justice fairly.
“There is no emergency or necessity barring the recusal of this court from this matter,” the affidavit reads in part. “The matter will still be heard and justice delivered if another judicial officer takes over.”
Kairo contends that there are no legal or procedural barriers preventing the court from stepping aside, and insists that a different magistrate can handle the case without causing injustice or delay.
He also raised concerns over the court’s handling of his bond application, arguing that its discretionary powers, which are difficult to appeal or review, had frustrated attempts to adjust his bond terms, leaving him detained until April 28, 2025. The delay, he says, was exacerbated by the Kenya Revenue Authority (KRA)’s failure to promptly verify the Personal Identification Number (PIN) of his surety—a process he claims was deliberately slowed.
Kairo believes this frustration stems from personal threats issued by the complainant, Marion Cheptoo, who allegedly vowed to use the judicial system to punish him.
“She warned me that she would ‘use the justice system to teach me a lesson’,” Kairo claims. He further alleges that Cheptoo later demanded Ksh. 1.5 million by June 17, 2025, threatening that failure to pay would lead to his “swift conviction and imprisonment.”
In his affidavit, Kairo states:
“Against the background of these threats, I am convinced that I will not get justice from this Honourable Court. I have no faith that Hon. Murage will grant me a fair trial.”
He also pointed to the multiple criminal charges he is currently battling, which he claims have been marked by public and humiliating arrests, orchestrated to damage his reputation and disrupt his business operations.
“No prejudice will be suffered by the state or the complainant if this application is allowed,” he argues. “This application seeks to protect the integrity of the judicial process.”
The court is expected to deliver a ruling on Kairo’s application for recusal in due course.
