DNK International By Elizabeth Were,Nairobi.
Rally driver Maxine Wahome has been acquitted of the murder of her late boyfriend, Asad Khan, after the High Court ruled that the prosecution had failed to present sufficient evidence linking her to his death.
In a decision delivered by Justice Lilian Mutende, the court found that the evidence presented during the trial fell short of establishing a prima facie case, meaning Wahome could not be required to defend herself against the charge.
Wahome had faced allegations that she unlawfully caused Khan’s death at Preston Apartments on Nairobi’s Oloitoktok Road on December 12, 2022.
While analysing the case, Justice Mutende examined the testimony of 29 prosecution witnesses and concluded that none of the evidence conclusively demonstrated that Wahome inflicted the injuries that eventually claimed Khan’s life.
The judge noted that although prosecutors argued the accused and the deceased were alone inside the apartment before Khan was found seriously injured, that fact alone was insufficient to establish criminal responsibility.
The court reiterated that the prosecution was required to prove not only that Khan died and that his death resulted from an unlawful act, but also that the unlawful act was committed by Wahome with the necessary criminal intent. The judge found that burden had not been discharged.
Evidence before the court showed that Khan survived for several days after the incident before succumbing to complications. Medical experts attributed his death to sepsis arising from injuries that included trauma to the head, bruising and wounds described as defensive in nature.
Expert witnesses also testified that the head injuries were compatible with a fall. The court further took note of evidence suggesting interruptions in Khan’s medical care after he was transferred between hospitals, an issue raised during the proceedings as a possible contributing factor to his eventual death.
Prosecutors also relied on the accused’s conduct after the incident, including allegations that she locked the apartment and prevented relatives from accessing Khan, as well as WhatsApp conversations exchanged between the couple shortly before the incident.
However, Justice Mutende observed that no witness testified to having seen Wahome assault Khan. A neighbour’s evidence only placed the two inside the apartment, stating that he heard Khan ask Wahome to leave before later hearing her respond that she was doing so.
Forensic findings equally failed to directly implicate the accused. Blood samples collected from the apartment were matched to the deceased, while no blood-stained clothing or other forensic evidence connected Wahome to the alleged assault. Investigators also recovered broken glass and a bottle from the scene, but acknowledged during cross-examination that the damage could have originated from inside the apartment.
The court also heard evidence that Wahome had retreated onto the apartment balcony during the incident and had herself sustained injuries. Toxicology results further showed that Khan had alcohol, narcotics and prescription medication in his system at the time.
Justice Mutende further observed that even the investigating officer could not conclusively state that Wahome caused the fatal injuries.
After evaluating all the prosecution evidence, the court concluded that the case rested on speculation rather than proof capable of sustaining a murder trial. The judge therefore found that the prosecution had failed to establish a case requiring Wahome to answer and entered an acquittal.
[DNK-International@July 28,2026]
