Rally driver Maxine Wahome at the Milimani Law Courts on September 27, 2023 during the murder trial of Asad Khan (inset).
A 76,290-page trove of call data and messages extracted from the mobile phone of rally champion Maxine Wahome—previously buried by the prosecution—was tabled on Thursday, June 5, at the High Court, where she is being tried for the murder of Assad Khan.
The data shown to Justice Lilian Mutende had been left out by police who compiled the committal bundles, although it was in their possession.
The extract comprised missed calls from Assad to Maxine, Maxine to her mother, Beverly Wahome, video images, photos, missed voice calls, and thousands of WhatsApp messages between Assad and Maxine.
On Wednesday, Police Constable Timothy Nyende only produced as an exhibit before Justice Mutende a 24-page redacted document containing part of the communication between the deceased rally ace and Maxine.
The communication between Maxine and Assad occurred on the night of December 11 and 12, 2022.
Assad died on December 18, 2022, after succumbing to an injury on his leg suffered on December 12, 2022.
Assad injured himself after kicking a door pane barefoot. The broken glass cut his leg, severing a major blood vessel.
He bled profusely, losing a lot of blood before being rushed to Nairobi Hospital and later transferred to Avenue Hospital, where he succumbed to septicemia (a bacterial infection in the blood).
The data extracted from Maxine's cell phone and handed over to the police included video recordings, messages from Assad to Maxine, and from the accused (Maxine) to the deceased.
PC Nyende told the judge the call data showed that Assad made four voice calls and six other calls to Maxine on December 11, 2022.
Between 10 pm and 11:15 pm that same night, the two had exchanged over 50 WhatsApp messages.
In that communication, Assad was inquiring from Maxine where she had gone that evening.
Maxine responded that she was at a club named 40/40 in Westlands, Nairobi. She later moved to another club in Westlands, and Assad informed her he was drinking Jameson (whiskey) at home.
Assad sent her a message: “Enjoy, enjoy.”
Cross-examined by lawyer Steve Kimathi, who is defending Maxine alongside Senior Counsel Philip Murgor, PC Nyende told the judge, “The communication of December 11 and 12, 2022, between Assad and Maxine creates a pattern.”
“Do you believe this information is valuable to this case?” Mr Kimathi asked the officer.
“Yes, it is valuable. It shows the interaction between Assad and Maxine on December 11 and 12, 2022,” PC Nyende answered.
The cyber analyst said Assad had repeatedly asked Maxine where she had gone.
He also made calls that Maxine did not answer.
She asked him via WhatsApp if he didn’t trust her.
PC Nyende said he only analysed the material forwarded to him by the investigating officer, Corporal Kibei.
He was, however, furnished with the full call data by Mr Kimathi and Mr Murgor, which included videos recorded by Maxine showing Assad walking out of their Kileleshwa house.
Other photographs taken at the deceased’s house showed blood clots on the floor and police officers at the scene investigating the incident.
Police and Maxine's relatives, who were at Assad's house, asked her to open the balcony door where she had locked herself to avoid being beaten further by the deceased.
“Why are you not picking up my calls?” Assad asked Maxine in short WhatsApp messages.
Besides the recorded messages, call data between Beverly Wahome (Maxine’s mother) and her daughter was also captured.
Maxine called her mother on the night of December 11 and 12, 2022, but she declined to answer.
In the early hours of December 12, 2022, the call data showed Maxine calling Assad while standing at the door of their Kileleshwa residence.
“The geolocation of Maxine in the extract places her at the door of Assad’s house at 4:55 a.m.,” Mr Kimathi asked PC Nyende.
“Yes,” Nyende answered, adding, “She asked him to open the door.”
Mr Kimathi urged the judge to order the police to return Maxine’s mobile phone.
Prosecuting Counsel Sarah Ogweno said only the investigating officer can confirm whether the mobile phone is no longer needed.
Justice Mutende directed Mr Murgor and Mr Kimathi to make a formal application for the return of the mobile phone to Maxine so that the police could respond.
She also allowed the defence lawyers to liaise with the investigations team regarding the videos, which will be played in court when the trial resumes on July 16, 2025.
Maxine has denied the murder charge and is out on bond.
