Tag: Maxine Wahome

The murder trial of rally driver Maxine Wahome has entered its most decisive phase after the Director of Public Prosecutions formally closed its case, almost three years after the death of her boyfriend, motorsport enthusiast Asad Khan.

Prosecuting counsel Sarah Agweno announced the closure after presenting 29 witnesses, bringing an end to a long and tense prosecution that has drawn national attention.

Immediately after Agweno closed the case, Maxine’s defence team urged the court to acquit her, arguing that the prosecution had failed to produce any credible evidence linking her to Asad’s fatal injuries.

The matter is now headed for written submissions before Milimani High Court Judge Lilian Mutende makes a ruling on whether Maxine has a case to answer.

The last prosecution witness, Corporal Diana Angote, told the court that Asad died from Septicemia, a severe bloodstream infection caused by the deep cut he sustained on his right leg. She said Asad injured himself on the night of the incident when he kicked a glass window and a glass door pane during a quarrel with Maxine at their Kileleshwa home. Neighbours rushed him to Nairobi Hospital before he was transferred to Avenue Hospital, where he succumbed while undergoing treatment. Angote told the court that three pathologists agreed that the cause of death was Septicemia and that their findings showed Asad was not assaulted by Maxine.

The defence seized on her testimony, arguing that the prosecution’s case collapsed long before the last witness took the stand. Senior Counsel Philip Murgor, who represents Maxine alongside lawyers Steve Kimathi and Andrew Musangi, said police acted on an accusation made by Asad’s brother, Adil Khan, without verifying it. He questioned why no witness came forward to say they saw Maxine harm Asad. Angote admitted that the police relied on Adil’s report but said he never presented any witness who saw the alleged assault.

In court, the defence revisited testimonies from neighbours, including one by Hassan Oyugi, who described Asad as the aggressor on the night of the incident. Oyugi told the court that he heard Asad shouting at Maxine, ordering her to leave his house and insulting her before she replied that she would leave. Angote agreed that none of the neighbours or witnesses reported seeing Maxine attack Asad.

The cross-examination took a dramatic turn when Angote admitted that she falsely swore in an earlier application that Maxine had no fixed abode and no job. She conceded that she found Maxine at her parents’ home and knew she was a rally driver at the time. The defence said the admission confirmed that the investigation was built on misleading claims and untested assumptions.

Murgor told the court that Maxine should be acquitted without being placed on her defence, saying the prosecution had failed to produce evidence showing she caused Asad’s injuries. Agweno asked for time to file submissions on whether Maxine has a case to answer.

Justice Mutende directed both sides to file their submissions within 15 days, after which she will deliver a ruling. Maxine, who is out on bond, has denied the charge of murdering Asad on December 12, 2022. The court is expected to determine early next year whether she will be set free or required to defend herself in the next phase of the trial.

A police officer has dramatically shifted the course of the murder trial against rally driver Maxine Wahome after testifying that she was pressured by the victim’s family into charging the motorsport star with the murder of her boyfriend Asad Khan.

Appearing before the Milimani High Court on Tuesday, Corporal Diana Angote told Justice Lilian Mutende that the charge against Wahome was filed prematurely and without crucial forensic evidence that later showed Khan died from an infection he contracted while admitted in hospital.

Her testimony concluded the prosecution’s case and raised serious questions about how investigators handled one of Kenya’s most publicised relationship tragedies.

Officer Admits Charge Was Filed Prematurely

Corporal Angote testified that Wahome was charged in March 2023 long before the Government Chemist submitted its analysis. She said the forensic report arrived six months later and revealed the presence of alcohol and the anesthetic drug ketamine in Khan’s system.

Senior Counsel Philip Murgor, representing Wahome, asked her whether she would have charged the rally driver with murder had she seen the analyst’s report beforehand. She responded that she would not have done so.

Angote admitted that the decision to charge Wahome was wrong and explained that three pathologists who conducted autopsies all concluded that Khan died from septicemia, a severe infection caused by a wound that was not treated promptly during his hospital stay.

Pressure from Victim’s Family

When questioned on why she charged Wahome without full evidence, Angote told the court that she was acting on information and pressure from the victim’s brother, Adil Khan.

Adil had reported to Kileleshwa Police Station that Wahome had assaulted his brother. Angote admitted that the report formed the basis of the arrest and initial detention of the rally driver even before the truth of the events was fully established.

“So you acted out of pressure from Adil to charge Maxine?” Murgor asked.

“Yes,” Angote replied.

Khan died in December 2022 while undergoing treatment. He was buried on December 19, 2022 at the Kariokor Muslim Cemetery.

Angote also acknowledged that she did not carry out any investigation into the possibility of medical negligence at the hospitals where Khan was treated but said it was not too late to investigate the facilities.

A Relationship Marked by Violence

The court has previously heard testimony describing a volatile relationship between Wahome and Khan. Wahome told the court in 2023 that Khan was abusive. Witnesses, including neighbour Chemutai Sogomo Chepkorir, recounted frequent violent altercations inside the couple’s Kileleshwa apartment.

Chemutai said she heard intense fighting, screams and insults on the morning of the incident. She testified that broken glass fell into her apartment from the couple’s flat and that she heard Wahome crying while Khan shouted angrily.

She said she called a security guard and later the residents’ association chairman as the violence escalated. According to her testimony, she later saw blood flowing down the stairwell from Khan’s house before neighbours intervened and rushed him to hospital.

Chemutai also stated that Khan’s previous six relationships had ended because of his violent behaviour.

What the Forensic Evidence Shows

A government analyst, Dr M. Muthini, testified that he detected ketamine in Khan’s system. He explained that the drug, combined with whisky, could cause hallucinations, impaired judgment and violent outbursts.

Khan’s brother Adil also testified that he consumed a full bottle of Jameson and other hard drinks that night. According to the forensic testimony, Khan may have injured himself when he kicked a steel door panel, causing a deep cut on his ankle which later became infected.

Dr Muthini told the court that the untreated wound led to severe blood loss and ultimately the bacterial infection that caused his death.

Case Takes a New Direction

The officer’s admission that she acted under pressure and filed charges before receiving critical evidence has reshaped the murder trial. What initially appeared to be a straightforward case has turned into a complex mix of domestic violence, intoxication, drug-related behaviour and possible gaps in medical care.

Legal observers say Angote’s testimony could significantly weaken the prosecution’s case and strengthen Wahome’s claim that she was wrongly accused.

The hearing will continue on November 26, 2025, when the court is expected to determine the next steps in the trial.

Award Winning Safari Rally Driver Maxine Wahome has mantained her innocence in the murder of her late boyfriend Asad Khan injured himself during a domestic altercation that led to his fatal injuries.

This came up in court on Monday during hearing of the mueder case where she was charged with the murder of Asad who succumbed to his wounds days after the fight.

In a video played in court by her lawyers, Maxine is heard crying emotionally when the officers arrived at the scene.

In the video, two police officers are seen speaking with Maxine telling her to open the door which she initially refused to open it but she later opened for them.

In the video, Maxine is heard saying, “Why should I be the one to open the door when I’m the victim? I have been beaten… He cut himself… He kicked that window… I will show you.”

Police officer John Wambua testified that he received a report initially classified as grievous harm, which was later escalated to murder. He stated that upon arriving at the scene, he found several items, including an empty soda water bottle.

During cross-examination, defense lawyer Phillip Murgor questioned Wambua on why he had not used the word alleged when describing the incident, implying a presumption of guilt rather than neutrality.

“You know that everything is an allegation before it’s proved,”asked Lawyer Phillip Murgor

Wambua confirmed that there’s a possibility that the late Assad could have injured himself while trying to reach to Maxine who was the balcony taking refuge from him during the fight.

“Can we say that Assad is a victim of his own recklessness?”Murgor asked

However, Wambua said he was not the right person to make the determination on who was the victim between deceased or the accused person.

During cross examination, Murgor pointed one picture showing that there was blood stains on broken window and a piece of flesh which the defence believes was Assad’s.

Additionally, the prosecution presented over 50 photographs taken from various angles, depicting the crime scene. Among the evidence, the court was shown bloodstains that appeared to indicate the direction the victim had moved.

Maxine has denied the murder charge, maintaining that she acted in self-defense which her lawyers have expressed to court.

Maxine was charged with the murder of her boyfriend, Asad Khan. It is alleged that on December 12 at Preston Apartments on Oloitoktok Road, she murdered Asad Khan.

The trial continues as the court examines more evidence in this high-profile case.