Nairobi car dealer 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 trial.
Kairo argues that the court is no longer impartial and claims the current environment cannot guarantee a fair and just hearing.
In a sworn affidavit, Kairo says he has lost confidence in Magistrate Murage’s ability to remain neutral, alleging bias in the handling of his case. He maintains that continuing the trial before the same magistrate would compromise the integrity of the proceedings.
Kairo emphasized that there is no legal or procedural obstacle preventing the case from being reassigned to another judicial officer, asserting that justice would still be served.
“There is no emergency or necessity barring the recusal of this court from this matter. The matter will still be heard and justice delivered if another judicial officer takes over,” the affidavit reads in part.
Kairo also accused the court of unfairly blocking his efforts to review his bond terms. He claimed the magistrate exercised discretionary powers in a way that left him without any clear path for 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,” Kairo argued.
Kairo Links Legal Delays to Complainant’s Threats
He further pointed to delays by the Kenya Revenue Authority (KRA) in verifying the PIN of his surety, a step he says should have been routine but ended up keeping him in custody until April 28, 2025. Kairo believes the delay was intentional, allegedly fueled by threats from the complainant in the case, identified as Marion Cheptoo.
According to Kairo, Cheptoo warned him early in the proceedings that she would “use the justice system to teach him a lesson.” He alleges that she later demanded Ksh.1.5 million by June 17, 2025, warning that failure to comply would lead to a swift conviction and imprisonment.
“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,” Kairo told the court.
He also linked his legal woes to multiple criminal cases he’s currently facing, claiming that his arrests have been public, humiliating, and orchestrated to damage his reputation and disrupt his business operations.
Kairo assured the court that neither the state nor the complainant would suffer any prejudice if the magistrate steps aside. “This application seeks to protect the integrity of the judicial process,” he stated.
The court is expected to rule on the application in due course.
