Car dealer Khalif Kairo alleges bias in criminal trial, seeks magistrate's recusal

City car dealer and businessman Joseph Kairo Wambui, alias Khalif Kairo has filed an application seeking the recusal of Senior Principal Magistrate M. Murage from presiding over his ongoing criminal trial, citing alleged bias and a compromised environment for fair adjudication.

He argues that there is no legal or procedural impediment to the court stepping aside, noting that justice would still be served if the case were allocated to a different judicial officer.

“There is no emergency or necessity barring the recusal of this court from this matter,” reads part of the affidavit.

"The matter will still be heard and justice delivered if another judicial officer takes over.”

Kairo further claims that attempts to review his bond terms were frustrated by the court’s discretionary powers, which he argues are not always subject 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 states.

Citing delays caused by the Kenya Revenue Authority (KRA) in verifying the PIN of his surety—leading to his continued detention until April 28, 2025—Kairo alleges that the process was intentionally dragged, despite the simplicity of the task.

He links the frustrations to alleged threats made by the complainant, identified as Marion Cheptoo.

According to Kairo, Cheptoo warned him at the beginning of the matter that she would “use the justice system to teach him a lesson.”

He further claims that she later demanded payment of Ksh.1.5 million by June 17, 2025, warning 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 submits. “I have no faith that Hon. Murage will grant me a fair trial.”

Kairo also cites multiple criminal cases he is currently facing, claiming they have been marked by public and humiliating arrests that appear choreographed to tarnish his image and disrupt his business operations.

“No prejudice will be suffered by the state or the complainant if this application is allowed,” he adds. “This application seeks to protect the integrity of the judicial process.”

The court is expected to rule on the application in due course.