A police officer has exonerated rally driver Maxine Wahome after testifying that she was pressured to charge her with the murder of Assad Khan.
While testifying in court on Tuesday, Corporal Diana Angote revealed that she was pressured by the victim's family to charge Ms Wahome, who was his girlfriend at the time of his death.
Corporal Diana Angote in court on November 25, 2025.
Photo credit: Richard Munguti | Nation Media Group
The police officer went on to say that all pathologists who conducted an autopsy on Mr Khan concluded that he died from an infection he contracted while admitted in hospital. She also told the court that Ms Wahome was charged with murder before the Government Chemist presented a report based on samples from his body and items from his house in Kileleshwa, Nairobi.
She admitted that the decision to charge Ms Wahome with murder was wrong as it was taken before getting the analyst report which could have assisted in making a sound decision.
“The government analyst report was received by police six months after Maxine had been charged with murder,” Corporal Angote stated when cross-examined by Senior Counsel Philip Murgor for Ms Wahome.
Rally driver Assad Khan. He died in September 2022.
Photo credit: File | Anwar Sidi
She said the report had shown traces of drugs and alcohol in his system. Asked if she would have charged her with murder if she'd seen the report, she said no.
When asked why she did it, she revealed to Milimani High Court Judge Lilian Mitende that she charged Ms Wahome with murder due to pressure from Adil Khan, the brother of the late.
She testified that the charge was based on an earlier report she received from Adil, which indicated that Ms Wahome had inflicted serious injuries on her boyfriend.
“So you acted out of pressure from Adil to charge Maxine,” Mr Murgor asked Corporal Angote.
Adil Khan, the younger brother to rally driver Assad Khan.
She said the initial report made indicated that Mr Khan had been assaulted by his girlfriend Ms Wahome. Adil, who made a report at Kileleshwa Police Station, had asked officers to intervene and arrest Ms Wahome. She was then locked up over the alleged assault.
Mr Khan died in December 2022 while fighting for his life in hospital. He was later buried at the Kariokor Muslim Cemetery in Nairobi on December 19, 2022.
The investigating officer, who is the last witness in the murder case, concluded that autopsy reports signed by three doctors showed the cause of death to be Septicemia, an infection contracted in a wound which was not treated immediately.
She told the judge that she did not investigate the hospital for medical negligence. She quickly added that it was "not too late to the investigate the health facility".
Mr Khan had been taken to Nairobi Hospital and later transferred to Avenue Hospital by Adil ,where he succumbed while receiving treatment.
Ms Wahome was charged with his murder on March 15, 2023. She pleaded not guilty and was released on Sh2 million bond on March 30, 2023, after which she left Lang'ata Women's Prison.
When the trial began, Ms Wahome testified that her rally driver lover was an abusive man. Another witness, his kileleshwa neighbour Chemutai Sogomo Chepkorir, also testified that six of Mr Khan's previous relationships broke down due to his "violent character".
“There was violence. I was terrified. I called my cousin to come and take me out of my house since I could not withstand the violence upstairs,” she said in 2023 while confirming that his relationship with Ms Wahome was also violent.
Cross-examined in 2023 by Senior Counsel Murgor, lawyers Steve Kimathi and Andrew Musangi for Ms Wahome, Ms Chemutai said all hell broke loose around 8am. She heard screams, heavy violent pounding of the floor and items falling.
“Broken glass fell through my window from Asad’s third floor house...There was somebody crying and Assad was hurling insults ...I heard Maxine crying...” Ms Chemutai said.
She told the judge that as the violence continued, she called the gate guard Hassan Wesonga Oyugi and asked him to go and stop the fight. She also called the chairman of the residents’ association Samuel Kimani Kihanya.
She went on:“ The violence persisted..I heard screams and shouting with Assad hurling unprintable insults at Maxine.”
“Who was screaming during the fights, Maxine or Assad?” SC Murgor asked the witness.
“It was Assad who was screaming,” Ms Chemutai answered.
The violence and shouting was then followed by calm, the neighbour testified. Ms Chemutai said she later saw blood flowing from Mr Khan's house to the staircase. He was later rushed to hospital by neighbours who broke into the house.
His brother Adil, who testified in August last year, told the court that he died from the bacterial blood infection, which was contracted while he was admitted in hospital for treatment of the injury he suffered during a fight with Ms Wahome.
He said his brother’s condition worsened due to bleeding profusely from an injury he suffered on his ankle when he allegedly kicked a door pane on the fateful day. He also said his brother was a heavy drinker and that on the night in question, he had imbibed a whole bottle of Jameson and other hard drinks.
A government analyst who examined samples taken from the body 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.
Dr M. Muthini told Justice Mutende that from the analysis of his stomach content, he found traces of a narcotic drug—Ketamine. Justice Mutende heard that as a result of the drug and whisky interacting, Mr Khan may have experienced hallucinogenic effects.
Dr Muthini, who was led in his evidence by prosecuting counsel Sarah Ogweno, told the judge that the drug induced abnormal behaviour in Mr Khan, who resorted to kicking a steel door panel, thereby injuring his leg which bled profusely.
Hearing continues November 26, 2025.
