House Where Rally Driver Died Handed Over To Landlord, Court Declines Request To Close Maxine’s File

Milimani Senior Principal Magistrate Bernard Ochoi has ordered the release of the house that Khan shared with Maxine to the landlord

This is after the Khan’s landlord of the premise where the incident happened urged the court to compel the DCI to release the house which is said to be a crime scene released back to him.

He said the house known as Apartment number 3 block D at Prieston Courts plot in Kileleshwa is in rent arrears of Ksh269,500 and he is incurring losses.

“As of now, we have arrears of Ksh269,500. It’s our request that the investigating officer gives back the premises to the landlord so that he does not continue to suffer the loss of income, given the admission that the investigations are done,” the court was told.

Meanwhile, Ochoi has ordered the Director of Public Prosecutions (DPP) to file before court a report on the findings of the investigations into the death of the rally driver Asad Khan within 15 days.

The orders were issued by Milimani Senior Principal Magistrate Bernard Ochoi after he declined a bid by the DPP and the Directorate of Criminal Investigations (DCI) to close the investigations file without giving directions on whether Khan lover Maxine Wahome will be charged or not.

While rejecting the request by the state to terminate the miscellaneous application against Wahome, Magistrate Ochoi noted that it will be unfair to her if the matter is withdrawn without the investigating officer telling the court their findings.

“This court must be informed by the findings of the investigations it will be unfair for the investigations file to be closed without the respondent (Wahome) being informed about the results that were being conducted against her,” Magistrate Ochoi said.

“It would be an abuse of court process if the file is closed without the findings no matter what kind of investigations were being conducted,” he added.

He further ruled that the investigations officer has obligation to inform the court of the findings.

The magistrate said that the state needs to say what they intend to do to the person whom they sought to be detained pending investigations.

In his ruling, Ochoi concurred with the submissions of lawyer Danstan Omari, who is representing the family of the deceased, that his clients also need to know whether the outcome of the investigations in the death of their kin.

“In order to be fair to all parties, I give the DPP and the investigating officer 15 days to file a report of the findings and how they wish to proceed with the case,” the magistrate stated.

The directives by the court come after the Investigating officer in the case on Monday, January 31, 2023, informed the court that investigations into the matter were complete and the file had been forwarded to DPP Noordin Haji’s office for perusal and recommendations.

“I urged this court to close this investigation file. The DCI homicide office completed investigations into the matter on January 25 and the file forwarded to the office of DPP for perusal and further action,” the Investigating Officer stated.

The DPP through James Gachoka however confirmed that their office had since received the investigations file in the matter and urged the court to close the miscellaneous application and sought more time to enable him to peruse and make his decision on whether Wahome is culpable for her lover’s death or not.

Assad Family however opposed the DCI and DPP’s intention to close the investigations file without giving directions on whether Wahome will be charged or not.

Through lawyer Danstan Omari, the family stated that the closure should wait for the DPP’s decision.

While protesting the closure of the investigating file, Omari said that the Investigating officer has not disclosed its recommendations, arguing that closing the miscellaneous application without charging anyone is a set-up.

“The investigation officer has not disclosed the recommendations. If the DPP decides to charge the person what happens? This is the first case where we don’t have the directions on whether the suspect will be charged or not,” the court heard.

Omari said that his client fears that the DPP may not make any decision on the matter soon.

Wahome’s lawyer Steve Kimathi said his client did not oppose the decision as she had complied with the court directions and will continue to cooperate until the DPP gives node.