NAIROBI — City businessman Joseph Kairo Wambui, known publicly as Khalif Kairo, has formally requested the recusal of Senior Principal Magistrate M. Murage from his ongoing criminal trial. He claims the court has shown bias and is unable to deliver a fair verdict.
In a sworn affidavit submitted to the court, Kairo states he no longer trusts the impartiality of the magistrate. He argues that transferring the case to another judicial officer would not delay justice or disrupt proceedings.
“There is no emergency or necessity barring the recusal of this court from this matter,” his affidavit reads. “The matter will still be heard and justice delivered if another judicial officer takes over.”
Kairo is facing multiple criminal charges. He claims the court has mishandled his bond application and exercised its discretion in a way that unfairly kept him in custody until April 28, 2025. He blames this delay on what he calls unnecessary obstacles, including the Kenya Revenue Authority’s slow verification of a surety’s PIN, which he argues was a basic task.
He further accuses the complainant, Marion Cheptoo, of using threats and manipulation. In his affidavit, Kairo alleges Cheptoo told him at the outset of the case that she would “use the justice system to teach him a lesson.” He also claims she later demanded KSh 1.5 million, warning that failure to pay by June 17, 2025, would lead to a guaranteed conviction and jail time.
“Against the background of these threats, I am convinced that I will not get justice from this Honorable Court,” Kairo writes. “I have no faith that Hon. Murage will grant me a fair trial.”
He describes the broader pattern of how his other criminal cases have played out. He says he has been publicly arrested multiple times in ways that appeared staged to damage his reputation and affect his business operations.
“This application seeks to protect the integrity of the judicial process,” he adds. “No prejudice will be suffered by the state or the complainant if this application is allowed.”
The court has not yet ruled on his application. A decision is expected soon.
