Prominent city car dealer and businessman Joseph Kairo Wambui, popularly known as Khalif Kairo, has moved to have Senior Principal Magistrate M. Murage recuse herself from presiding over his ongoing criminal trial, alleging bias and an inability to receive a fair hearing.
In a sworn affidavit filed in court, Kairo claims he has lost confidence in the impartiality of the court and argues that the current environment is not conducive to a fair trial. He maintains that there is no legal or procedural barrier preventing the magistrate from stepping aside, emphasizing that justice can still be served under a different judicial officer.
“There is no emergency or necessity barring the recusal of this court from this matter,” Kairo states. “The matter will still be heard and justice delivered if another judicial officer takes over.”
Kairo also raises concerns over the court’s exercise of discretion in denying his application to review bond terms, which he says left him without recourse and further entrenched his sense of judicial bias.
He recounts a delay in his release from custody, blaming the Kenya Revenue Authority (KRA) for taking excessive time to verify the PIN of his surety, a process he says was unnecessarily prolonged, keeping him in detention until April 28, 2025.
The businessman links these frustrations to the complainant, identified as Marion Cheptoo, who allegedly threatened to manipulate the justice system against him. According to Kairo, Cheptoo initially warned him that she would “use the justice system to teach him a lesson” and later demanded Ksh.1.5 million by June 17, threatening that failure to pay would result in his conviction.
“Against the background of these threats, I am convinced that I will not get justice from this Honourable Court,” Kairo asserts. “I have no faith that Hon. Murage will grant me a fair trial.”
Kairo further alleges a pattern of targeted persecution through a series of criminal charges, marked by public and humiliating arrests aimed at damaging his reputation and disrupting his business.
He concludes his application by asserting that neither the state nor the complainant would suffer prejudice if the magistrate recused herself. “This application seeks to protect the integrity of the judicial process,” he says.
The court is expected to issue a ruling on the application in due course.
Written By Rodney Mbua
