NAIROBI, Kenya – The High Court has acquitted Kenyan rally driver Maxine Wahome of the murder charge over the death of fellow motorsport competitor and her former boyfriend, Asad Khan, after ruling that the prosecution failed to establish a case requiring her to defend herself.
In a ruling delivered at the Milimani High Court on Tuesday, Justice Lilian Mutende found that the evidence presented by the prosecution was insufficient to directly link Wahome to the injuries that led to Khan’s death.
The judge held that the prosecution had failed to establish a prima facie case despite calling 29 witnesses during the trial.
“In totality, having considered all the evidence before the court, the case presented by the prosecution has failed to establish a prima facie case warranting that the accused person be placed on her defence,” Justice Mutende ruled.
The case revolved largely around circumstantial evidence, with prosecutors arguing that Wahome and Khan were the only people inside the house when the fatal confrontation occurred in December 2022.
However, the court found that the evidence did not conclusively point to Wahome as the person responsible for Khan’s injuries.
Witnesses who responded to the incident testified that they heard a commotion and Khan asking Wahome to leave the house, but none witnessed how the injuries were sustained.
Crime scene evidence also failed to conclusively support the prosecution’s case. Investigators found bloodstains on stairs leading to a rear balcony and on broken glass from a door, with the broken glass identified as the only object capable of causing the injuries.
Other items recovered from the scene, including a penknife and a piece of metal, tested negative for blood.
The court further heard that there was no major disturbance inside the bedroom, while investigators did not recover blood on other objects examined at the scene.
During investigations, Wahome maintained that Khan became aggressive following an argument, prompting her to lock herself on a balcony.
She told investigators that Khan broke the glass door while attempting to force it open after she locked herself outside.
Although the prosecution challenged that account, the investigating officer admitted there was no conclusive evidence proving that Wahome inflicted the fatal injuries.
Medical evidence also introduced uncertainty into the prosecution’s case after a doctor testified that some of Khan’s injuries could have resulted from a fall down the stairs.
The defence also questioned whether complications during medical treatment contributed to his eventual death after he suffered significant blood loss.
Justice Mutende also considered WhatsApp messages exchanged between the two before the incident, which showed Khan repeatedly contacting Wahome while asking about her whereabouts.
Witnesses also testified about alleged conflict in the relationship, with one witness describing Khan as having previously displayed violent behaviour toward women he had dated.
The prosecution further cited Wahome’s failure to visit Khan in hospital or attend his burial as evidence of suspicious conduct.
However, the court ruled that such behaviour, on its own, could not amount to proof of criminal responsibility.
“There is the question of fear or discomfort, which was brought up since, from the outset, the accused was a suspect and she was adamant about it,” the judge observed.
Justice Mutende emphasised that convictions based on circumstantial evidence can only stand where the evidence excludes every other reasonable explanation.
Having found that the prosecution failed to meet that threshold, the court acquitted Wahome, bringing to an end the murder proceedings arising from the death of Asad Khan, who died on December 18, 2022, while receiving treatment in Nairobi.
