Rally driver Maxine Wahome has been acquitted of the murder of her late boyfriend, fellow rally driver Asad Khan, after the High Court ruled that the prosecution failed to establish a prima facie case requiring her to be placed on her defence.
Delivering the ruling on Tuesday, Justice Lilian Mutende found that the evidence presented by the Office of the Director of Public Prosecutions (ODPP) did not sufficiently link Wahome to the injuries that led to Khan’s death.
“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,” Justice Mutende ruled.
The decision brings to an end criminal proceedings that have been before the High Court since 2023, following Khan’s death in December 2022.
The case arose from an incident on December 11, 2022, at an apartment in Nairobi’s Kilimani area, where Khan sustained serious injuries during an altercation involving the couple. He was first admitted to Nairobi Hospital before being transferred to Avenue Hospital, where he underwent treatment in the Intensive Care Unit. He died on December 18, 2022.
The prosecution called 29 witnesses in an attempt to prove that Wahome unlawfully caused Khan’s death. However, the court found that the evidence did not meet the threshold required to call upon her to defend herself.
Justice Mutende observed that the prosecution’s case rested largely on circumstantial evidence, but the circumstances presented did not point exclusively to Wahome as the person responsible for Khan’s fatal injuries.
Witnesses who responded to the incident testified that they heard a commotion and Khan telling Wahome to leave the house, but none witnessed how he sustained the injuries. Crime scene evidence showed bloodstains on the staircase leading to the rear balcony and blood on shattered glass from a broken door. Investigators testified that the broken glass was the only object recovered from the scene capable of causing the injuries. Other exhibits, including a penknife and a metallic object, bore no bloodstains, while investigators found no significant disturbance inside the bedroom.
Wahome however maintained that Khan became aggressive following an argument, forcing her to seek safety on the balcony. According to her account, Khan attempted to force open the balcony door, causing the glass to shatter.
Medical evidence also left open the possibility that some of Khan’s injuries could have resulted from a fall down the stairs. The defence further questioned whether complications arising during treatment contributed to his death. The investigating officer also conceded that there was no conclusive evidence directly linking Wahome to the injuries.
The court also considered WhatsApp messages exchanged between the couple before the incident, as well as testimony describing the nature of their relationship. While the prosecution pointed to Wahome’s failure to visit Khan in hospital or attend his funeral, the judge held that such conduct could not, on its own, 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.
After the ruling, Senior Counsel Philip Murgor welcomed the decision, describing the prosecution as a miscarriage of justice that had unfairly disrupted Wahome’s life.
“Maxine Wahome, together with her mother Beverly and her father Jimmy, have been victims of a gross injustice,” Murgor told journalists outside Milimani Law Courts.
He maintained that Khan’s death resulted from “an accident that was self-caused by the deceased” and accused investigators and prosecutors of ignoring what he said was clear evidence from the very beginning. Murgor revealed that the defence had repeatedly written to the Director of Public Prosecutions asking for a review of the evidence during the trial, but those requests were unsuccessful.
He further argued that the prosecution’s own evidence vindicated his client.
“The prosecution called almost 30 witnesses, none of whom, and I repeat, none of whom, pointed a single finger at Maxine,” he said.
The senior counsel said the case had interrupted Wahome’s life and motorsport career, noting that she was only 24 years old when she was charged.
Speaking briefly after Murgor, Wahome’s mother, Beverly, thanked God for the outcome and praised the defence team.
“To God be all the glory. This is His hand, and I am so grateful. He used the Senior Counsel, he used Steve and Andrew. This case is done.”
She added that her daughter hoped to return to rallying but wished to put the case behind her.
