Rally Driver Maxine Wahome Acquitted in Boyfriend's Murder Case

The High Court has acquitted rally driver Maxine Wahome in the murder case involving her boyfriend and fellow motorsport enthusiast, Asad Khan.

The judge ruled that Wahome had no case to answer after finding that the prosecution had failed to establish a case requiring her to answer to the charge.

"In totality, having considered all the evidence before the court, the case presented by the prosecution has failed to establish a prima facie case warranting that the accused person be placed on her defence," the judge ruled.

The court's decision came after the prosecution closed its case, having called 29 witnesses in an attempt to establish that Wahome was responsible for Khan's fatal injuries.

Wahome had denied the murder charge and maintained that Khan sustained the injuries during an altercation between the two.

The prosecution's case was largely based on circumstantial evidence, with the State arguing that Wahome and Khan were the only two people present in the house when the confrontation occurred.

However, the judge found that the circumstances surrounding the incident did not exclusively point to Wahome as the person responsible for the injuries.

The court heard that witnesses who responded to the incident heard a commotion and Khan ordering Wahome to leave the house.

However, neither of the witnesses who arrived at the scene saw what caused the injuries suffered by Khan.

Evidence from the crime scene officer further showed bloodstains on the stairs leading to the rear balcony and blood on broken glass from a door.

The officer told the court that the broken glass was the only object at the scene that appeared capable of causing the injuries. Other objects recovered, including a penknife and a piece of metal, did not have bloodstains.

The court also heard that there was no significant disturbance in the bedroom and that blood was not found on other items examined by investigators.

Wahome told investigators that Khan attempted to assault her following an argument, forcing her to lock herself on the balcony.

She said that when Khan attempted to open the door, he struck it after failing to gain access, causing the glass to break.

The prosecution challenged her account, arguing that it did not adequately explain what happened during the confrontation.

However, the investigating officer acknowledged that there was no conclusive evidence establishing that Wahome caused the injuries.

Medical evidence also left room for an alternative explanation. A doctor told the court that some of Khan's injuries could have been sustained after he fell down the stairs.

The defence further challenged the prosecution's case over the circumstances surrounding Khan's treatment, including the possibility that medical complications contributed to his eventual death.

Previous proceedings heard evidence that Khan suffered significant blood loss before developing complications while undergoing treatment.

The judge also considered evidence concerning the relationship between Wahome and Khan, including WhatsApp messages exchanged before the incident.

The messages, according to the ruling, showed Khan repeatedly contacting Wahome while she was out socialising, asking about her whereabouts and why she was not answering his calls.

Witnesses also gave evidence about alleged conflict in the relationship, with one describing Khan as having been violent towards women with whom he had relationships.

The prosecution further questioned Wahome's conduct after the incident, including her failure to visit Khan in hospital or attend his burial.

The court, however, held that such conduct could not, by itself, establish criminal responsibility.

"There is the question of fear or discomfort, which was brought up since, from the outset, the accused was a suspect and she was adamant about it," the judge observed.

Justice Mutende stressed the caution required when relying on circumstantial evidence, noting that the circumstances must exclude reasonable alternative explanations before they can sustain a finding of guilt.

Having considered the evidence in its entirety, the judge found that the prosecution had failed to establish a prima facie case against Wahome.

She was consequently acquitted, bringing to an end the murder proceedings stemming from Khan's death following the domestic altercation.

Asad Khan was pronounced dead on Sunday, December 18, 2022, while undergoing treatment in Nairobi.