The High Court has acquitted former rally driver Maxine Wahome of murder charges related to the death of her boyfriend, Asad Khan. The ruling was delivered by Justice Lilian Mutende on 28 July 2026 after a protracted trial.

The prosecution presented 29 witnesses, relying mainly on circumstantial evidence. However, the court found this insufficient to conclusively establish Wahome's responsibility for Khan's fatal injuries.

Details of the Case

  • Wahome and Khan were reportedly the only individuals present at the residence during the incident.
  • No witness directly observed the cause of Khan's injuries.
  • Crime scene evidence noted bloodstains on stairs and broken glass, with the latter identified as a potential source of the wounds.
  • Medical testimony suggested some injuries could have resulted from a fall down the stairs.
  • The possibility of medical complications contributing to Khan's death was also raised.

Judge's Ruling and Reasoning

Justice Mutende invoked Section 206(1) of the Criminal Procedure Code to discharge Wahome without requiring her to present a defence, stating the prosecution failed to establish a prima facie case.

The judge highlighted that circumstantial evidence must exclude reasonable alternative explanations before supporting a guilty verdict—a standard unmet in this case.

Wahome maintained that Khan tried to assault her, leading her to lock herself on a balcony, where he broke a glass door while attempting to enter. The investigating officer conceded no conclusive proof tied Wahome directly to Khan's injuries.

Additional Context

  • WhatsApp messages showed Khan repeatedly contacting Wahome before the incident.
  • Witnesses described prior conflicts, with some alleging Khan had been violent in past relationships.
  • The prosecution's suggestion that Wahome's absence from the hospital and funeral indicated guilt was dismissed by the court, noting she was treated as a suspect early on.

The ruling underscores the judiciary's commitment to upholding the principle that guilt must be proven beyond reasonable doubt, especially when relying on circumstantial evidence.