Maxine Wahome Relies On DPP In Asad Khan Death Case

The fate of World Rally Championship (WRC) Safari Rally driver Maxine Wahome now rests with the Director of Public Prosecution (DPP) who will decide on whether or not to charge her following the death of her deceased boyfriend and rally counterpart, Asad Khan.

The investigating officer told a Nairobi court on Monday, January 30 that a file into the probe was forwarded to the DPP for further recommendation after the inquest into the rally driver's demise was complete.

Wahome was arraigned in court under a miscellaneous application and was not charged with an offence.

“I am still looking for a response from the office of the DPP. They said that they have not made a decision on the same,” the officer said, urging the court to close the miscellaneous file pending further directions from the DPP.

Asad's family, through lawyers Cliff Ombeta and Danstan Omari, however, objected to the closure of the file, with Omari arguing that the police have not disclosed in finality if they recommended her to be charged or not.

He disclosed that closing the miscellaneous application without charging anyone was a sinister move contributing to a set-up.

“The investigations officer has not disclosed the recommendations. If the DPP decides to charge the person what happens, this is the first case where we don’t have the directions,” Omari the court.

He instead asked the court to give a further mention date so that the DPP can tell the court what his recommendation is.

Making an appearance during the court proceedings was the lawyer representing the landlord of the residence where Asad was staying before his death.

The landlord had asked the court to order the investigating officer to hand back the apartment, which was treated as a crime scene.

“As of now, we have arrears of Ksh269,500. It’s our request that the IO gives back the premises to the landlord so that he does not continue to suffer the loss of income, given the admission that the investigations are done,” the lawyer told the court.

However, the investigating officer opposed the release of the apartment to the landlord, noting that they would not do so until they know the directions that the DPP will give.

Wahome’s lawyers went on to oppose the victim having an audience before the court, insisting that she is the victim in this matter. The court heard that she is only a witness to what happened, further faulting Omari’s use of the word murder in his submission.

He indicated that even though Khan’s family is mourning, Wahome is equally in mourning as she lived in that house with the deceased.

Police had earlier disclosed that they are investigating her for the alleged murder, having been treated as the main suspect in the case.

The Office of the Director of Public Prosecutions (ODPP) through state counsel James Gachoka, sought a request to the court to grant them 14 days to conclude investigations into the matter, adding that the events surrounding the matter changed after Asad died on December 18, 2022.

He added that the investigating officer had not received the DNA results of the case and they needed two weeks to complete investigations.

The death of Asad changed the circumstances surrounding the case as they are no longer investigating assault but murder.