Safari Rally driver Maxine Wahome was on Wednesday, March 12, 2023, formally charged with the murder of her boyfriend Assad Khan.
Appearing before Justice Lilian Mutende of the Milimani High Court Criminal Division virtually, Wahome, 25, pleaded not guilty to one count of murder levelled against her by the office of the Director of Public Prosecutions (DPP).
Wahome denied accusations that she killed Khan on December 12, 2022, at Preston Court along Oloitoktok road in Kilimani sub-county within Nairobi county.
After denying the murder charge, State counsel Gikui Gichuhi sought to have Wahome detained at Lang’ata Women’s prison pending the hearing on her bail application.
But Wahome’s lawyers led by Senior Counsel Phillip Murgor and Steve Kimathi sought to have her bail application heard urgently as she has been in custody since march 7,2023.
“There is no need to delay this matter further and we should now admit her to bail and we hope the trial can start tomorrow ( Thursday, March 16),” Lawyer Murgor pleaded with the court.
The victim’s lawyers Danstan Omari, Cliff Ombeta and Shadrack Wambui informed the court they were yet to be served with the bail application by Wahome and urged the court to order the accused person’s defence lawyers to serve them with the bail application to enable them to respond.
Omari urged the court to order probation officers to conduct a pre-bail report and the same be filed in court before the bail application by Wahome can be heard.
In a brief ruling, Justice Mutende ordered that Wahome be detained at Lang’ata Women’s prison until March 21, 2023, for a hearing on her bail application in an open court.
The court has ordered a pre-bail report to be filed in court before Tuesday next week.
The judge further ordered Wahome to serve Khan’s family lawyers with her bail application. The victim’s lawyers were however ordered to respond to the bail application within two days.
In her bail application, Wahome says she is not a flight risk.
She has asked the court to invoke its inherent jurisdiction and the requirements of Article 49(1)(b) of the Constitution to free her on bond pending trial.
“The Court is pleased to release the accused on reasonable bond terms pending the hearing and determination of this matter,” lawyer Kimathi said.
Wahome has also filed an affidavit claiming she is innocent and detailing the events of the fateful night.
The accused claims that on the morning of December 12, 2022, her boyfriend violently woke her up and ordered her to leave his house.
She argues that the victim hurt himself on a glass door window while attempting to kick her out of his house.
“In the process, he attacked me and I took refuge at the balcony of the apartment where the deceased attempted to break down the door using his feet. That the deceased thereafter injured himself on the balcony door window panes and took himself to the hospital and I was advised by my parents not to leave the house and wait for the police,” Wahome states in her court papers.
She says she was arrested on December 13 and detained at Kilimani for investigations over the death of Khan following a report by the deceased family.
