Court orders closure of Investigation into rally driver Maxine Wahome's boyfriend's death

The fate of rally driver Maxine Wahome now lies with the High Court after a magistrate's court ordered the closure of the investigations file into the death of her boyfriend, Assad Khan. The Milimani Senior Principal Magistrate, Bernard Ochoi, has directed the police to close the investigations file since Maxine has been charged with murder before Justice Lilian Mutende.

Magistrate Ochoi made the ruling following orders by Justice Mutende that he formally close the court action against Maxine before him. The judge gave the orders after a request by the defense lawyers Steve Kimathi and Anderson Musangi to produce Maxine before Ochoi for further directions in the police investigations.

The Directorate of Criminal Investigations (DCI) is expected to escort Maxine to Mathari Mental Hospital on Tuesday for evaluation to determine whether she is mentally fit to stand trial for murder. The Assistant Director of the Director of Public Prosecutions (DPP), Gikui Gichuhi, requested the judge to order Maxine's mental assessment before she pleads to the murder charge leveled against her on Wednesday.

The judge allowed the request after informing Maxine of the charge filed against her by the DPP on March 7. Justice Mutende said, "At this stage, you are only required to be informed of the charge, which states that on December 12, 2022, at Preston Court along Oloitoktok Road in Kilimani sub-county within Nairobi County, you murdered Asad Manzour Khan. You are not required to plead at this stage."

Maxine Wahome charged with murder of boyfriend Asad Khan

However, Gikui opposed an application by the defense lawyers to free Maxine on bond pending formal charging. Kimathi and Musangi undertook to produce her for mental assessment and plea taking if she is freed on bond. The judge, however, concurred with the prosecution that Maxine's status had changed, and she is now facing a capital offense, whose verdict carries a mandatory death sentence or life imprisonment upon conviction.

Justice Mutende revoked the Ksh 100,000 cash bail granted earlier by the lower court and ordered that Maxine remain in the custody of the DCI Kilimani until Wednesday when she will plead to the murder charge.

Khan died at the Avenue Hospital in Nairobi where he had been admitted following a fatal assault that caused him to allegedly bleed to death. The case has attracted significant media attention, with many following the court proceedings keenly. As such, the High Court ruling on the fate of Maxine will be keenly watched by many.

Additional reporting by Nation Media Group