Rally driver Maxine Wahome at the Milimani Law Court for her bail application ruling on March 21, 2023.
A government analyst who examined samples taken from the body of late rally ace Assad Khan has told the High Court that he found traces of a narcotic drug which, if abused, would cause a person to behave in an abnormal and violent manner.
Testifying in the murder case against motor rally champion Maxine Wahome, Dr M. Muthini told Justice Lilian Mutende that from the analysis of the stomach content specimen, he found traces of a narcotic drug—Ketamine.
Justice Mutende heard that, as a result of the drug and whisky, Assad experienced hallucinogenic effects.
“As a result of taking the drug mixed with whisky, it caused Assad to behave like 'Superman',” Dr Muthini testified, making reference to a fictional superhuman character in books and adapted in movies.
Dr Muthini, who was led in his evidence by prosecuting counsel Sarah Ogweno, told the judge that the drug-induced abnormal behaviour in Assad, who resorted to kicking a steel door panel, thereby injuring his leg, which bled profusely.
Dr Muthini produced the government laboratory analyst (chemist) report dated September 26, 2023, which he prepared and presented as Exhibit 10(c) to Justice Mutende.
The report contained a detailed forensic examination of various specimens forwarded to him by the police in a bid to establish the cause of Assad's death.
“Assad Khan's stomach contents included traces of ketamine, a narcotic substance that causes hallucinogenic effects when abused,” Dr Muthini stated.
The report further indicated that Assad had mixed the Ketamine with the whisky (40 per cent ethanol) he was drinking.
Dr Muthini explained to the trial judge that hallucinogenic effects could make an abuser jump off a building, thinking he could fly like Superman, try to break a wall with their head or kick glass with their feet, oblivious to the danger to themselves.
Cross-examined by Senior Counsel Philip Murgor and lawyer Steven Kimanthi, Dr Muthini said the combination of the drug and the hard liquor Assad consumed caused him to become violent.
The analyst’s report was supported by Dr Oloo Walong, a pathologist hired by Maxine’s family to carry out an autopsy on Assad's body.
Dr Walong said the combination of the ketamine narcotic drug and whisky caused what he termed “episodic delirium,” a condition that makes one turn violently aggressive.
Maxine has denied murdering Assad on the night of December 12, 2022.
Under cross-examination by Mr Murgor and Mr Kimanthi, Dr Walong said Assad died as a result of an infection he contracted while undergoing treatment in the hospital.
The pathologist said the infection originated from the injury he suffered.
Assad injured his leg by kicking a door panel, which broke and cut his leg, inflicting a serious injury.
He kicked the door after Maxine locked herself on the balcony of their Preston Court Apartment in Kileleshwa, Nairobi.
Maxine has maintained that Assad injured himself and that she did not kill him.
Assad died at Avenue Hospital while undergoing treatment.
Both Dr Walong and government pathologist Dr Njenga, who performed the autopsy, concluded that Assad died from fungal and gram-negative bacterial septicemia.
Maxine has maintained that Assad, while intoxicated and "high," attacked her and attempted to break a glass door by kicking and breaking two window panes to reach the keys outside, where she had locked herself on the kitchen balcony of their flat to escape a beating.
Maxine, who has denied murdering Assad, is out on bond.
Hearing continues.
