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

Joseph Kairo Wambui, alias Khalif Kairo, a car dealer and businessman from the city, has asked Senior Principal Magistrate M to recuse himself. Murage from presiding over his ongoing criminal trial, citing alleged bias and a compromised environment for fair adjudication.

 Kairo declares in a sworn affidavit that he has lost faith in the impartiality of the court and that he believes the magistrate is unable to apply arbitrary justice to the situation. He argues that the court should step aside because justice would still be served even if the case were assigned to a different judicial officer, and that there is no legal or procedural obstacle in the way.

 A portion of the affidavit states, "There is no emergency or necessity prohibiting the recusal of this court from this matter."

Even if another judicial official takes over, the case will still be heard and justice will be served. Kairo also claims that the court's discretionary powers, which he argues are not always subject to appeal or revision, thwarted his attempts to revise his bond terms. “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.

 Kairo claims that the process was deliberately dragged out, despite the simple nature of the task, citing delays caused by the Kenya Revenue Authority (KRA) in verifying the PIN of his surety, which resulted in his continued detention until April 28, 2025. He ties the frustrations to alleged threats made by Marion Cheptoo, the complainant. 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 also says that she later asked for Ksh.1.5 million by June 17, 2025, and warned that if she didn't pay, she would be arrested and convicted quickly. He states,

"I am convinced that I will not get justice from this Honourable Court against the background of these threats." “I have no faith that Hon.  I will get a fair trial because of murder. 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.