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Businessman Khalif Kairo claims unfair trial, wants Magistrate removed

Businessman Khalif Kairo claims unfair trial, wants Magistrate removed
Businessman Joseph Kairo Wambui, also known as Khalif Kairo. before a law court. PHOTO/Handout
In Summary

Kairo says he has lost trust in the court’s impartiality and believes the trial environment is compromised.

BusinessmJoseph Kairo Wambui, known as Khalif Kairo, has filed a formal application asking that Senior Principal Magistrate M. Murage step aside from his ongoing criminal trial.

Kairo claims the magistrate is biased and that he cannot get a fair trial under his supervision.

In a sworn affidavit, Kairo says he has lost trust in the court’s impartiality and believes the trial environment is compromised.

He argues there is no legal reason preventing the court from recusing itself and that justice will still be served if another magistrate takes over.

“There is no emergency or necessity barring the recusal of this court from this matter,” he states. “The matter will still be heard and justice delivered if another judicial officer takes over.”

Kairo also says his attempts to review his bond terms have been blocked by the court’s discretionary powers, which he claims are not always open 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 adds.

He blames delays in his detention on the Kenya Revenue Authority’s slow verification of his surety’s PIN, which kept him in custody until April 28, 2025.

Kairo believes this delay was deliberate and links it to threats from the complainant, Marion Cheptoo.

Cheptoo allegedly warned him early in the case that she would “use the justice system to teach him a lesson.” Kairo claims she later demanded Sh1.5 million by June 17, 2025, threatening swift conviction and jail time if he did not pay.

“Against the background of these threats, I am convinced that I will not get justice from this Honourable Court,” he says. “I have no faith that Hon. Murage will grant me a fair trial.”

Kairo also mentions that he is facing multiple criminal cases, which have been marked by public and humiliating arrests that seem designed to damage his reputation and disrupt his business.

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

The court is yet to make a decision on the recusal request.

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