Hospital: Maxine Wahome fit to stand murder trial
Maxine Wahome, girlfriend of murdered rally driver Asad Khan, at the Milimani Law Courts on March 7, 2023.
What you need to know:
- Maxine was arrested on December 13 and detained at Kilimani for investigations over the death of Khan following a report by the deceased family.
- She is alleged to have committed the murder offence on December 12 2022 at Preston Court along Oloitoktok road in Kilimani sub-county within within Nairobi county.
Rally driver Maxine Wahome is fit to be tried for murder over the death of her boyfriend Assad Khan following a successful mental examination at Mathari Mental Hospital on Tuesday.
Doctors at the mental facility examined her as directed by High Court judge Lilian Mutende on March 7 and certified her fit to stand trial.
Maxine, who was accompanied by her defence lawyers to Mathari Mental Hospital to witness the medical process, has now added former DPP and senior counsel Philip Murgor to her team.
After the examination, the DCI Kilimani presented the report to the DPP for onward transmission to the court ahead of Maxine answering to the murder charge on Wednesday.
"The family of Maxine has engaged Murgor to join Kimathi and Musangi to give fresh impetus her defence for innocent," a family source has disclosed to the media.
Murgor has enormous experience in criminal law having successfully defended high profile murder cases.
At the same time, Maxine has filed at the High Court an application for her release on bond saying she is not a flight risk.
In the bail application filed under certificate of urgency, Maxine asked the High Court to invoke it's inherent jurisdiction and the requirements of Article 49(1)(b) of the Constitution to free her on bond pending trial.
Through her lawyers Steve Kimathi and Andrew Musangi, Maxine says the constitution allows a court of law to free a suspect on bond ahead of plea taking unless there are compelling reasons.
"The court is mandated with the duty of ensuring that the spirit of the constitution
is upheld in dispensation of justice by guaranteeing fairness, equality and equity to all persons including the accused herein who seeks to be admitted to bail or bond, "The defence lawyers states in the court papers.
They are asking the court to determine the application on priority basis as Maxine is likely to be detained in custody despite there be no compelling to deny her the right to bail.
Maxine was arrested on December 13 and detained at Kilimani for investigations over the death of Khan following a report by the deceased family.
She is alleged to have committed the murder offence on December 12 2022 at Preston Court along Oloitoktok road in Kilimani sub-county within within Nairobi county.
She is currently being detained at DCI Kilimani
