Court closes police investigation on Assad Khan murder
Maxine Wahome, girlfriend of murdered rally driver Asad Khan, at the Milimani Law Courts on March 7, 2023.
What you need to know:
- Justice Mutende revoked the Sh100,000 cash bail earlier by the lower court and ordered she remain in the custody of DCI Kilimani until Wednesday.
- Khan died at Avenue Hospital in Nairobi where he had been admitted following a fatal assault that caused him to allegedly bleed to death.
The fate of rally driver Maxine Wahome now lies with the High Court after a magistrates court ordered the closure of the investigations file in the death of her boyfriend Assad Khan.
Milimani Senior Principal Magistrate Bernard Ochoi has directed police to close the investigations since Maxine has been charged with murder before Justice Lilian Mutende.
"The investigations file that was placed before me in December last year by the police seeking time to conduct an in-depth probe into the killing of Safari Rally ace Assad Khan is hereby officially closed following the arraignment of the suspect before the superior court for murder trial," Magistrate Ochoi ruled
The magistrate gave the directions following orders by Justice Mutende that he formally closes the court action against Maxine before him.
He gave the orders following a request by the defence lawyers Steve Kimathi and Anderson Musangi that they produce Maxine before Ochoi for further directions in the police investigations.
The DCI are expected to escort Maxine to Mathari Mental Hospital for evaluation on Tuesday to determine whether she is mentally fit to stand murder trial.
Assistant Director of DPP Gikui Gichuhi requested the judge to order Maxine be escorted for mental assessment before being called upon to plea to the murder charged levelled against her on Wednesday.
The judged allowed the request after informing Maxine the charge that has been filed against her by the DPP on March 7.
" At this stage you are only required to be informed of the charge which states that on December 12 2022 at Preston Court along Oloitoktok road in Kilimani sub-county within within Nairobi county you murdered Asad Manzour Khan. You are not required to plead at this stage," Justice Mutende informed Maxine on March 7.
Gikui opposed an application by the defence lawyers to free the suspect on bond pending formal charging.
Kimathi and Musangi undertook to produce her for mental assessment and plea taking in the event she is freed on bond.
The judged however concurred with the prosecution that the status of Maxine has changed and is she now facing a capita offence, whose verdict carries a mandatory death sentence or life imprisonment upon conviction.
Justice Mutende revoked the Sh100,000 cash bail earlier by the lower court and ordered she remain in the custody of DCI Kilimani until Wednesday.
Khan died at Avenue Hospital in Nairobi where he had been admitted following a fatal assault that caused him to allegedly bleed to death.
