A High Court in Nairobi has acquitted rally driver Maxine Wahome of the murder of her boyfriend, Asad Khan, bringing to a close a closely watched criminal case after finding that the prosecution had not produced sufficient evidence to warrant her defence.
In a judgment delivered by Justice Lilian Mutende, the court held that the prosecution failed to establish a prima facie case, meaning the evidence on record was insufficient to require Wahome to answer the murder charge.
lawyer Steve Kimathi who fought effortless to have her released welcomed the judgment and said together with his client they are relieved now.
“I am extremely pleased with the Court’s decision to acquit Maxine. This is a case that should never have been brought before the courts in the first place, yet the Office of the Director of Public Prosecutions chose to pursue it. Today’s judgment is a vindication of my client’s innocence and, most importantly, it has cleared her name. I welcome the Court’s decision and are grateful that justice has prevailed”,Lawyer Kimathi
The case arose from an incident at Preston Apartments on Oloitoktok Road in Nairobi on December 12, 2022, where Khan sustained serious injuries before later dying in hospital.
Over the course of the trial, the prosecution called 29 witnesses in an attempt to demonstrate that Wahome was responsible for the injuries that ultimately led to Khan’s death. After reviewing their testimony, however, the court found that none of the witnesses directly linked the accused to the alleged assault.
Although the prosecution argued that only Wahome and Khan were inside the apartment at the material time, Justice Mutende ruled that the circumstance, without more, could not sustain an inference of guilt.
The judge emphasized that a conviction for murder requires proof beyond reasonable doubt that the accused committed an unlawful act that caused the deceased’s death and did so with malice aforethought. In this case, the court found that those essential elements had not been established.
Medical evidence presented during the hearing showed that Khan succumbed to sepsis after suffering multiple injuries, including head trauma, bruising and injuries to his arms described by doctors as defensive wounds.
The court also heard expert testimony indicating that the head injuries were consistent with a fall. In addition, evidence was presented suggesting there were gaps in Khan’s treatment after he was transferred from Nairobi Hospital to Avenue Hospital, an issue the defence argued may have played a role in the eventual outcome.
Among the evidence relied upon by prosecutors were claims that Wahome locked the apartment after the incident and prevented Khan’s relatives from gaining access, together with WhatsApp messages exchanged between the couple before the incident.
However, no witness testified to having seen Wahome assault Khan. A neighbour who gave evidence told the court he heard Khan ask Wahome to leave the apartment before hearing her respond that she was leaving, but did not witness any physical confrontation.
The forensic evidence also failed to place Wahome at the centre of the alleged assault. Blood recovered from the apartment matched Khan’s DNA, while investigators did not recover blood-stained clothing or other forensic material connecting Wahome to the injuries. A scenes-of-crime officer further acknowledged that broken glass found at the apartment could have been caused from inside the house.
The court also considered evidence that Wahome had locked herself on the apartment balcony during the incident and that she had sustained swelling to her head. Toxicology results presented during the trial showed Khan had alcohol, narcotics and medication prescribed for diabetes and hypertension in his system.
Justice Mutende further observed that even the investigating officer was unable to state with certainty that Wahome inflicted the injuries that caused Khan’s death.
Having weighed the prosecution’s evidence in its entirety, the court found that it did not rise above suspicion or speculation and was insufficient to sustain the murder charge. Wahome was consequently acquitted without being called upon to present a defence.
