Celebrated rally driver Maxine Wahome has been released on cash bail of Sh100,000 after spending a day in custody over claims of assaulting her boyfriend Asad Khan who is currently hospitalised in critical condition.
Nairobi magistrate Bernard Ochoi said in a ruling that there was no compelling reasons to keep the 24-year-old rally driver in custody as requested by police. The police wanted her to be held in custody for 14 days to complete investigations into the matter.
The magistrate directed Ms Wahome to be reporting to Kilimani police station every Thursday until the police complete the probe or January 16.
The police told the court that the matter was reported to Kilimani police station, and they rushed to the scene and fond Ms Wahome in the house looking disturbed.
On Tuesday, Ms Wahome had made an application to the court for the case to be heard in camera, saying she was a victim and needed protection.
Rally driver Maxine Muringo Wahome in the dock at the Milimani Law Court on December 14, 2022 where she was presented for allegedly assaulting her boyfriend, Asad Khan. She was released on a cash bail of Sh100,000 pending investigations.
Photo credit: Francis Nderitu | Nation Media Group
But Mr Ochoi rejected the application saying the application under Victims Protection Act was premature because it was not clear who was aggressor or the victim.
The investigating officer said the boyfriend is still admitted at the High Dependency Unit at Avenue Hospital. They said the boyfriend could not give satisfactory account of what happened to him.
The court heard that Ms Wahome was also willing to assist with the investigations and had cooperated so far.
Further, the investigator said the scene has been documented and forensic evidence including blood stains and broken glasses collected for examination.
The police said they needed to find whether there were accomplices so that they could be arrested, obtain call data from their mobile phones for analysis and conduct DNA test of the blood samples.
“That the continued detention of the respondent is immensely necessary for the furtherance and finalizing of the investigations, her release could further lead to interference with the investigations and a flight risk as has not disclosed her fixed abode,” the police said.
The magistrate, however, rejected the application saying the reasons were not compelling enough to hold her in custody.
Meanwhile, the family of the boyfriend, who is a top rally driver, is appealing for blood donation as he remains admitted at an Intensive Care Unit (ICU) ward of a Nairobi hospital.
Preliminary investigations were that Khan sustained a deep cut in his ankle, which was allegedly inflicted by the woman.
However, Andrew Musangi, Ms Wahome's lawyer, has said that his client has not been accused of any wrongdoing regarding the injuries that Asad Khan sustained.
Mr Musangi clarified that as it stands, she is not an accused person since she has not been charged with any offence nor has any accusation been made against her.
“She's only being held to assist with investigations which she has agreed to willingly do. In this regard, she has from the word go, agreed to assist investigators in all aspects of the investigation including surrendering access to the apartment and all Mobile telecommunication devices,” Mr Musangi said.
According to the lawyer, Ms Wahome did not leave the premises until the police arrived to conduct the investigation, where she gave them full access to the apartment, and briefed them on everything that occurred that day.
“We informed the court that the injury was self-inflicted when the injured person alternated 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 hospitalisation. 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 recovery the facts will be verified.”
