DPP Wraps Up Maxine Wahome Murder Case

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.