Maxine Wahome Released But On These Conditions
The decision comes after weeks of court proceedings and marks a significant development in the case.
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Embattled Safari Rally driver, Maxine Wahome has been released.
The High Court on Thursday, March 30 ordered rally driver Wahome to be released on a bond of Ksh2 million and a surety of the same amount.
Lady Justice Lilian Mutende further directed Wahome who is accused of the murder of her boyfriend Asad Khan not to interfere with witnesses who have already recorded their statements.
The decision comes after weeks of court proceedings and marks a significant development in the case.
On Tuesday, March 28, a probation officer recommended that Wahome be set free on bail pending trial over the murder of her boyfriend Asad Khan.
The probation officer, M Abima, in her pre-bail report presented to High Court Judge Lillian Mutende, argued that Wahome is of good character, has no criminal history and has no capacity to interfere with witnesses.
“In view of the sentiments expressed by all parties and in regard to the information provided, the court may grant bail or bond to the accused with stringent measures aimed at protecting the safety and emotional well-being of the victims,” stated Abima.
The report went on to state that the reigning national junior rally champion is of youthful age and a sportsperson representing the country locally, regionally and internationally, and cannot be a flight risk.
It added that she acknowledges the seriousness of the offence and the attendant sentence if found guilty and that she will attend the trial to its logical conclusion and abide by any additional court orders if released.
Abima further noted that despite the victims’ family being opposed to her release on bail, they have not received any threats so far from the accused or her proxies.
Justice Mutende had previously directed the probation office to file the pre-bail report before making a determination whether to release Wahome who has been in custody for three weeks after being charged with the murder of Khan.
The prosecution and Khan’s family had opposed her application to be released on bail, arguing that she did not take care of the deceased after the injury that led to his death, and refused to visit him in the hospital or attend his funeral.
While pleading not guilty to charges of killing Asad on Wednesday, March 15, Wahome alleged that Asad had injured himself and she was falsely accused of the crime.
The rally star narrated the events that led to her arrest on December 12, stating that she was arrested by the Kilimani Directorate of Criminal Investigations (DCI) due to an incident that occurred at Preston Apartments on Oloitoktok Road, where she resided with Asad.
She alleged that on the day of the incident, Khan woke her up violently and ordered her to leave his house, adding that she was allegedly attacked in the process and forced to seek refuge on the balcony of the apartment.
She claimed that the deceased attempted to break down the door using his feet and injured himself on the balcony door window panes. Khan then rushed himself to the hospital with Wahome being advised by her parents not to leave the house and wait for the police.
Wahome went on to claim that the late Asad had exploited her at his death, citing Ksh2.6 million he claimed in payments for repairs on her rally car, which she had not authorised.
"The car was scheduled to be sold this year, and no work was required on it. There is no outstanding bill amounting to Ksh2,594,792 owed to your client as all payments were settled and all records of this are available," Senior Counsel Phillip Murgor, Wahome's lawyers and former Director of Public Prosecution, stated, with Murgor presenting correspondence between Wahome's and Asad's lawyers alleging that the deceased withheld the accused's car and demanded payments.
Wahome was on December 14, 2022 released on a Ksh100,000 cash bail before Asad's death changed the circumstances of the case as she was investigated for murder instead of assault.
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