Rally driver Maxine Wahome at the Milimani Law Courts in Nairobi on March 3, 2025.
A doctor told the High Court on Tuesday that former safari rally champion Assad Khan was unconscious and in shock when he was rushed to Nairobi Hospital before he died three years ago.
Dr David Abaya testified before Justice Lilian Mutende during the resumed hearing of the murder trial against safari rally ace Maxine Wahome.
He said Assad was gasping for air and had bled heavily from a leg injury when he arrived at the hospital on December 12, 2022.
“Immediately, Assad was wheeled into the hospital, he was taken to the emergency room. Urgent medical procedures were undertaken before medication could be administered,” Dr Abaya told Justice Mutende.
Led in his evidence by a state prosecutor, the medic disclosed that although he was not part of the team of doctors who attended to Assad, he was able to present evidence based on the medical notes available at the health facility.
Dr Abaya said the medical report he presented in court was recovered from Nairobi Hospital’s treatment record for the patient Assad Mansur Khan, born on January 31, 1975.
He added that the record showed he was patient number 1000683811.
Several tests were conducted on Assad before treatment began, according to Dr Abaya.
Among the tests carried out were blood alcohol levels as well as liver and kidney function tests, performed to determine why Assad was repeatedly losing and regaining consciousness.
He further stated that a drug abuse test had been ordered but was not carried out “because there was no urine.”
“The drug abuse test was not done because there was no urine. We had put a catheter in to drain urine,” Dr Abaya explained.
The doctor also revealed that Assad’s blood alcohol level was 203 milligrams per deciliter (mg/dl), a dangerously high figure.
The judge was told this level of alcohol depressed Assad’s central nervous system (CNS).
“The alcohol content in a normal person is zero unless one has taken beer,” Dr Abaya testified.
He said Assad was drifting in and out of consciousness.
“Several tests were done to establish the cause of him moving from consciousness to unconsciousness while still at the hospital,” Dr Abaya recalled.
The court heard that Assad’s relatives wanted him transferred from Nairobi Hospital to Avenue Hospital. They told doctors that he had been assaulted by a female friend known to him.
Nairobi Hospital issued a referral letter to Assad’s relatives. Assad died on December 18, 2022, reportedly due to septicemia, an infection of the blood.
However, Dr Abaya denied that Assad contracted septicemia while at Nairobi Hospital.
He testified that Assad remained in the Intensive Care Unit (ICU) at Avenue Hospital for six days while undergoing treatment.
The medic said that while at Nairobi Hospital, Assad was intubated and injected with ketamine to manage his agitation. The doctor added that the agitation was caused by pain from the injury to Assad’s lower limb.
He explained that the heavy bleeding caused his blood levels to drop significantly, requiring blood transfusions.
During cross-examination by Senior Counsel Philip Murgor, Dr Abaya denied allegations that Assad was transferred to Avenue Hospital because Nairobi Hospital had demanded a deposit of Sh600,000 and sought blood donations from relatives.
“At Nairobi Hospital, we do not demand blood from relatives first. We save lives first,” Dr Abaya stated firmly.
Mr Murgor who is defending Maxine alongside Steve Kimathi, further questioned the medic about tests carried out by the government analyst on specimens from Assad’s body.
It emerged during questioning that traces of ketamine were found in the specimen after thorough analysis at the government laboratory.
Dr Abaya explained that ketamine was administered at the hospital to relax the patient, who was experiencing intense pain.
However, Mr Murgor noted that some specimens were also collected from Assad’s residence in Kileleshwa, Nairobi and examined by the government analyst.
The doctor added that the high level of alcohol in Assad’s blood could make him violent.
When questioned by Mr Kimathi, Dr Abaya said the injury on Assad’s leg resulted from a sharp object.
Earlier, a witness told the court that on the day Assad was injured, he had kicked a door pane with his bare foot, causing the injury. Maxine had taken refuge on the balcony of their house when Assad became violent.
Maxine, who is currently out on bond, has denied murdering Assad, her former boyfriend, on the night of December 12, 2022.
The hearing continues.
