Assad Khan murder: Rally driver Maxine Wahome to undergo mental test before trial
Maxine Wahome, girlfriend of murdered rally driver Asad Khan, at the Milimani Law Courts on March 7, 2023.
What you need to know:
- The deceased family through Lawyer Danstan Omari and Cliff Ombeta had sought to be availed with the outcome of the investigations conducted by the DCI before the investigation file can be closed.
- Wahome has been under investigation by the DCI detectives since December last year after her boyfriend Khan was admitted in Nairobi hospital and later transferred to Avenue hospital where he succumbed to injuries inflicted on December 12.
Rally driver Maxine Wahome was on Tuesday arraigned before the High Court to face murder charges over the death of her lover Assad Khan.
However, Wahome did not plead to the charge as the court directed that she undergo a mental assessment to ascertain whether she is fit to stand trial.
Justice Lilian Mutende on Tuesday ordered Wahome to be detained at the DCI offices in Kilimani before she is formally charged on March 15.
The judge directed to escort Wahome to Mathari Mental Hospital on March 14 for her mental assessment.
" This being your first arraignment, you are not required to plead to the charge filed against you by the DPP. The information states that you are charged with the murder of Khan on December 12 at Preston Court, Kileleshwa Nairobi County. You are not required to answer until you undergo mental assessment," Justice Mutende told Wahome.
The judge noted that the orders made by Senior Principal Magistrate Bernard Ochoi earlier in the day regarding the bond terms are not biding to the High Court.
She however revoked the Sh100,000 cash bail given earlier by Ochoi and ordered Wahome's detention pending the murder charges.
The judge also declined an attempt by Wahome's lawyers, Steve Kimathi and Anderson Musangi to have her continue enjoying the bond terms given by the lower court.
Kimathi had filed an application in the High Court seeking Wahome to be freed on bond, saying she is not a flight risk and has cooperated with investigating officers during the probe.
The judge concurred with State Prosecutor Gikui Gichuhi that the circumstances in the matter has drastically changed since a formal murder charged has been filed in the High Court.
The arraignment of Wahome came hours after the Director of Public Prosecutions, Noordin Haji, recommended that Wahome be charged with murder.
The charge was arrived at after the DPP reviewed the investigations file forwarded to him by DCI and was satisfied that there is evidence to support the murder charge against Wahome.
The DPP's move to recommend the prosecution of Wahome with murder comes two weeks after the lower court declined to close the investigations file following an objection by Khan family's.
The deceased family through Lawyer Danstan Omari and Cliff Ombeta had sought to be availed with the outcome of the investigations conducted by the DCI before the investigation file can be closed.
Wahome has been under investigation by the DCI detectives since December last year after her boyfriend Khan was admitted in Nairobi hospital and later transferred to Avenue hospital where he succumbed to injuries inflicted on December 12.
