The High Court has acquitted rally driver Maxine Wahome of the murder of her late boyfriend, fellow rally driver Asad Khan, after finding that the prosecution failed to present sufficient evidence linking her to his death.
Justice Lilian Mutende ruled that while the prosecution successfully established that Khan died from injuries sustained before his admission to hospital, it did not prove beyond reasonable doubt that Wahome unlawfully caused those injuries.
The court found that the evidence presented fell short of the legal threshold required to place the accused on her defence.In delivering the ruling, the judge noted that the prosecution’s case relied largely on circumstantial evidence, which failed to exclude other reasonable explanations surrounding the circumstances of Khan’s injuries.
The court also observed that none of the witnesses testified to having seen Wahome assault Khan.
Forensic evidence presented during the trial did not directly implicate Wahome. DNA recovered from bloodstains at the apartment matched Khan and not the accused.
The investigating officer also acknowledged during cross-examination that there was no evidence disproving Wahome’s account that Khan sustained the injuries after breaking the balcony glass during an argument.
The court further heard from the scene of crime officer that broken glass and blood patterns at the apartment were consistent with the possibility that a person could suffer deep cuts after kicking through the glass door.
Although the defence argued that medical treatment may have contributed to Khan’s death, the court maintained that criminal liability had not been established. Justice Mutende emphasised that suspicion, regardless of its strength, cannot replace proof in a criminal trial.
She held that the prosecution had failed to establish a prima facie case and consequently acquitted Wahome of the murder charge.
The case dates back to December 12, 2022, when Asad Khan sustained multiple injuries during an incident at Preston Apartments along Oloitoktok Road in Nairobi.
He later died in hospital after developing septicaemia linked to the injuries. Wahome was subsequently charged with murder, a charge she denied throughout the trial.
After nearly three years of court proceedings, the High Court has now brought the matter to a close by acquitting her.
