Police refer Assad murder case to DPP for directions

Police have forwarded to the Director of Public Prosecutions (DPP) for final advice the file containing evidence against celebrity rally driver Maxine Wahome over the death of her late boyfriend Assad Khan.

“Police have concluded piecing together all the evidence surrounding the mysterious death of Assad and they have forwarded the file to the Office of the Director of Public Prosecution,” lawyer Steve Kimathi told Nation Sport on Saturday in an exclusive interview.

Kimathi revealed during the Saturday evening interview that when they reported to the Investigating Officer on Thursday, Maxine was questioned about her itinerary of events and movements on the evening of December 11, 2022 before Assad was fatally assaulted.

Assad who was assaulted on December 12, 2022 and left with bleeding open wounds was rescued by his younger brother Adil Khan who dashed him to Nairobi Hospital and later transferred to Avenue Hospital where he succumbed four days later.

Kimathi told Nation Sport that police took details of the taxi cab Maxine used that night when she returned home after a dinner party with her sister.

“During the last two show-ups to the Investigating Officer at the Kilimani Police Station Maxine has only been asked about her December 11, 2022 movements and the places she visited before her nasty altercation with Assad,” Kimathi recounted.

He elaborated that the scene of crimes officer has presented photographs taken from the house of estranged friends.

“Reports on the reconstruction of the scene including photographs and videos have been put together and presented to the ODPP for perusal and advice ahead of Mondays (January 30, 2023) mention of the case at the Milimani law courts,” said Kimathi.

He added the postmortem report and the medical treatments notes which form part of the evidence in the murder investigations have been attached to the voluminous file.

He also said police have received the DNA profiling reports from the government chemist.
“Police have recorded statements from many witnesses who are listed to testify against Maxine,” Kimathi stated.

Reliable sources at the ODPP stated that if Maxine will not be charged with murder then an inquest into the death of Assad may be recommended to establish the cause of his death.

When the case came up for directions two weeks ago, the state prosecutor James Gachoka said the nature of investigations against Maxine have changed and now she is being probed for murder of the deceased rally ace (Assad).

Senior principal magistrate Bernard Ochoi at the Milimani law courts ordered the case be mentioned on Monday for the prosecution to state whether they are charging Maxine with murder of Assad or not.

“The circumstances in this investigation have changed following the death of the Assad last December. Maxine is now being investigated for murder and not grievous harm. I request the matter to be mentioned in 14 days,” Gachoka told the court.

Khan’s family has engaged lawyer Cliff Ombeta to watch brief for them in the case.

“We have written to the Director of Public Prosecutions (DPP) to further investigate some areas we feel as a family need to be covered,” Ombeta said.

Ombeta and Kimathi exchanged bitterly as to whether the former can address court or not in the matter pending.

But Ombeta told the court victims have equal rights just like suspects in a criminal case.

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