The High Court has acquitted rally driver Maxine Wahome of the murder of her late boyfriend and fellow motorsport enthusiast, Asad Khan, after finding that the prosecution failed to establish a prima facie case against her.
In her ruling, Lady Justice Lilian Mutende held that the evidence presented by the prosecution was insufficient to warrant placing Wahome on her defence. The court consequently acquitted her under Section 210 of the Criminal Procedure Code.
Justice Mutende observed that the prosecution’s case relied heavily on circumstantial evidence but failed to exclude other reasonable explanations for how the injuries could have occurred.
The court heard that after returning home at around 3:00 a.m. from an outing with friends and his sister, Khan, who was intoxicated, ordered Wahome to leave the house.
According to witnesses who responded to the commotion, they heard Khan shouting at Wahome to get out, but none witnessed the events that resulted in his injuries.
According to the judge, crime scene evidence raised significant doubt about the prosecution’s theory. Investigators found bloodstains on the staircase leading to the rear balcony as well as on broken glass from a shattered door.
The investigating officer also testified that the broken glass was the only object at the scene capable of causing the deep cuts sustained by Khan.
Although officers recovered other items, including a penknife and a piece of metal, none bore bloodstains linking them to the injuries. No knife, panga or any other weapon alleged to have been used in the attack was recovered from the house.
Medical evidence also failed to firmly support the prosecution’s case. The court heard that Khan had suffered extensive blood loss and that some of his injuries could have been sustained after falling down the stairs.
Justice Mutende noted that the deceased’s intoxication and severe blood loss presented alternative explanations that the prosecution had failed to rule out.
The judge also considered testimony from a neighbour who said she had known Khan for about seven years. The witness described him as violent towards women he had lived with, telling the court she had seen him cohabit with about six different women and that he was often abusive.
She further testified that it was possible Khan kicked the glass panes during the confrontation, causing the injuries to his feet.
The court further considered WhatsApp messages exchanged before the incident, which showed Khan repeatedly contacting Wahome while she was out with friends, asking about her whereabouts and why she was not answering his calls.
However, Justice Mutende found that these messages, together with Wahome’s conduct after the incident including not visiting Khan in hospital or attending his burial could not, by themselves, establish criminal responsibility.
The investigating officer also acknowledged during the trial that there was no conclusive evidence proving that Wahome inflicted the injuries that eventually led to Khan’s death.
“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 before acquitting Wahome.
The ruling followed the close of the prosecution’s case, during which the State called a total of 29 witnesses in an attempt to prove that Wahome was responsible for the injuries that led to Khan’s death in December 2022. However, the court found that the evidence did not conclusively connect her to the fatal injuries.
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