Celebrated Rally driver Maxine Wahome is likely to be charged with murder over the death of her late boyfriend Asad Khan.
Khan died in December after spending days in a hospital in Nairobi.
Maxine who is out on bond appeared before trial magistrate Bernard Ochoi for the mention of her case Thursday where the prosecution revealed she is likely to face murder charges.
Prosecutor James Gachoka requested the court to grant them 14 more days to conclude investigations into the matter.
Gachoka said the investigating officer had not received the DNA results of the case and they needed two weeks to complete investigations now that the victim has since passed on and they are no longer investigating assault but murder.
Police had asked the Office of the Director of Public Prosecutions to charge her with murder.
The ODPP demanded the DNA results link her to the scene as part of the evidence to prefer the charge.
Maxine was brought to court when the incident happened on December 13 before Khaan died.
Then, police were investigating grievous harm charges against her.
Khan who is also a rally driver is alleged to have had a fight with Maxine which led to him sustaining injuries and losing blood that may have led to his death.
On Thursday, lawyers for Maxine requested the court to vacate the orders by the court that had directed her to appear at the Kilimani police station every Thursday to help with investigations.
But Ochoi dismissed the request saying that the two weeks requested by the DPP to complete investigations cannot jeopardize her.
She further objected to Lawyer Cliff Ombeta appearing in court to represent Khan’s family saying it is too early for him to be in the matter since she has not been charged saying he should allow police to conduct investigations.
Ombeta wanted to make submissions on behalf of the victims in the matter.
Ochoi said Ombeta had only indicated to the court that they are not participating in investigations but only pointing out areas of concern to be investigated, he, therefore, allowed the victim’s lawyer to make his submissions.
Ombeta said he had been instructed by the family to watch brief in court and he concurred that further investigations need to be carried out.
He said they have written to the DPP to direct the investigating officer in the matter to cover some areas of investigations which they feel were not properly covered.
The case will be mentioned on January 30 for the prosecution to confirm whether the investigations will be complete.
Khan died December 18 about six days after his admission at the Avenue hospital after he lost blood out of injuries.
Khan had been admitted there after losing lots of blood following injuries he suffered in his Kileleshwa house in an altercation with Maxine
According to Khan’s brother Adil, his brother was injured by Maxine after she allegedly returned home drunk from a dinner party she had attended.
Maxine told police Khan was injured in an altercation with her after she came home late in the morning.
She added he broke a window pane that injured him in the ankle as she hid on a balcony.
She is the daughter of another motorsport legend, Jimmy Wahome, and she rose through the motoring ranks to become the first Kenyan woman to score points in the World Rally Championship-supported junior category when she won the WRC3 category for drivers aged 27 and below in June this year behind the wheel of a Ford Fiesta R3.
Her lawyer Andrew Musangi said in a statement she is not an accused person and “has not been charged with any offense nor has any accusation been made against her”.
“She is only being held to assist with investigations, which she has agreed to willingly do,” Musangi said.
“In this regard, she has from the word go agreed to assist investigations in all aspects, including surrendering aces to the apartment and all mobile communication devices.”
He added Maxine did not leave the house she shared with Asad until the police arrived, and gave them full access to the house after briefing them with her version of what had happened.
“We informed the court that the injury was self-inflicted when the injured person attempted to kick a window in order to gain access to the balcony where Maxine had taken refuge. It shattered but he suffered a severe cut wound, which bled significantly leading to his hospitalization.”
“Unfortunately the injured person is not conscious and therefore is unable to confirm the events of that morning himself, but we are confident that upon his full recovery, the facts will be verified,” he added before Khan passed on.
He said Maxine will continue to assist the investigating authorities in the meantime but she ought not to be deprived of her freedom when there are no compelling or plausible reasons to keep her in custody.
