The High Court has cleared rally driver Maxine Wahome of murder charges related to the death of her boyfriend, Asad Khan, following a domestic dispute.

Justice Lilian Mutende ruled that the prosecution failed to present a prima facie case against Wahome, citing insufficient evidence to directly connect her to the injuries that led to Khan's death.

Prosecution’s Case and Evidence

  • The prosecution called 29 witnesses, relying mainly on circumstantial evidence to argue Wahome’s responsibility for Khan’s fatal injuries.
  • Witnesses heard a commotion and Khan ordering Wahome to leave the house, but none saw how Khan sustained his injuries.
  • Crime scene analysis revealed bloodstains on the stairs and broken glass, which was the only object likely to have caused the injuries.
  • Other recovered items, such as a penknife and metal piece, had no blood evidence.

Defence Account and Medical Findings

  • Wahome testified that Khan assaulted her, prompting her to lock herself on the balcony; Khan allegedly broke the glass door while trying to reach her.
  • Medical testimony indicated some injuries could have resulted from Khan falling down the stairs.
  • The defence highlighted possible medical complications during Khan’s treatment that may have contributed to his death.

Relationship Context and Court Considerations

  • WhatsApp messages showed Khan persistently contacting Wahome before the incident, amid reported relationship conflicts.
  • Evidence included claims of Khan’s violent behavior towards previous partners.
  • The prosecution questioned Wahome’s conduct after the incident, including not visiting Khan in hospital or attending his funeral, but the court found this insufficient to prove guilt.

Justice Mutende emphasized caution when relying on circumstantial evidence, stressing that it must exclude reasonable alternative explanations to warrant a guilty verdict. With the prosecution unable to meet this threshold, Wahome was acquitted, ending the murder trial linked to the December 2022 incident.

Asad Khan passed away on December 18, 2022, while receiving medical treatment in Nairobi following the altercation.