Safari rally driver Maxine Wahome is fit to be tried for the murder of her boyfriend Assad Khan following a successful mental examination at Mathari Mental Hospital on Tuesday, March 14.
Doctors at the mental facility examined her as directed by High Court judge Lilian Mutende on March 7 and certified her fit to stand trial.
Maxine was accompanied by her defence lawyers to Mathari Mental Hospital to witness the medical process.
After the examination, DCI Kilimani presented the report to the office of the DPP for onward transmission to the court ahead of Maxine’s answering to the murder charge on Wednesday, March 15, 2023.
In a major development to her defence, Maxine’s family has engaged a former Director of Public Prosecutions and senior Counsel Phillip Murgor to join two other defence lawyers Steve Kimathi and Andrew Musangi.
“The family of Maxine has engaged Murgor to join Kimathi and Musangi to give fresh impetus to her defence for innocent, ” a family source has disclosed to the media.
Murgor has enormous experience in criminal law having defended successfully high-profile murder cases including the widow of business tycoon To Cohen whose murder case has since been withdrawn.
At the same time, Maxine has filed at the High Court an application for her release on bond saying she is not a flight risk.
In the bail application filed under a certificate of urgency seen by, Maxine is asking the High Court to invoke its inherent jurisdiction and the requirements of Article 49(1)(b) of the Constitution to free her on bond pending trial.
Through her lawyers Steve Kimathi and Andrew Musangi, Maxine argues that the constitution allows a court of law to free a suspect on bond ahead of plea taking unless there are compelling reasons.
“The court is mandated with the duty of ensuring that the spirit of the constitution is upheld in the dispensation of justice by guaranteeing fairness, equality and equity to all persons including the accused herein who seeks to be admitted to bail or bond,” the defence lawyers state in the court papers.
They are asking the court to determine the application on a priority basis as Maxine is likely to be detained in custody despite there being no compelling reason to deny her the right to bail.
“The Court be pleased to release the accused on reasonable bond terms pending the hearing and determination of this matter,” lawyer Kimathi says.
They also want the court to certify the matter urgent and free the accused forthwith.
Kimathi says that the magistrate court had freed her on Ksh100,000 cash bail pending investigations into the death of her boyfriend Assad Khan.
The lawyers argue Maxine complied with the directions issued by the lower court that she cooperates with investigators and not to interfere with witnesses.
No orders have been given yet on the bail application. The same will be articulated at the plea-taking on Wednesday.
Maxine was arrested on December 13 and detained at Kilimani for investigations over the death of Khan following a report by the deceased family.
She is alleged to have committed the murder offence on December 12, 2022, at Preston Court along Oloitoktok road in Kilimani sub-county within Nairobi county.
She is currently being detained at DCI Kilimani.
