Rally driver Maxine Wahome's woes intensified on Thursday, January 12, after a Nairobi court allowed the police more time to investigate Assad Khan's death.
Milimani Senior Principal Magistrate Bernard Ochoi agreed with State Prosecutor James Gachoka's request to charge the accused with murder after the death of Assad. Initially, Wahome had been charged with causing grievous harm.
Investigating officers were subsequently given 14 days to conclude their inquiry into Khan's death as Ochoi directed the case to be mentioned on January 30, 2023, for further directions.
The State Prosecutor, while seeking to charge the accused with murder, argued before the court that the circumstances of the case changed following Khan's death.
“We note that the victim in this matter has since died and the investigating officer is no longer investigating a case of grievous harm but that of murder.
“As such, your honour, having regard to the changing circumstances, the state is requesting more time to be able to conclude investigations,” Gachoka told the court.
Furthermore, the State Prosecutor revealed that they are yet to receive DNA results from the government chemist and a report from the crime scene.
According to the prosecutor, the two are needed by the Office of the Director of Public Prosecution (ODPP) to inform a decision on how to proceed with the case.
Cliff Ombeta, the lawyer representing Assad’s family, was pleased with the court’s decision adding that they had written to the office of the DPP to investigate some areas that the family believe required further attention.
While the defendant's lawyer, Steve Kimathi, indicated that his client had complied with all court directions, the judge directed that the accused continue reporting to the investigating officers every Thursday.
The late Khan, who was also a rally driver, was reportedly injured by his girlfriend in an apartment in Nairobi in December 2022 and was admitted to the Intensive Care Unit (ICU) due to loss of blood. He died a few days later.
It was alleged that Wahome was responsible for the incident and she was taken to court where she was charged and later released on a Ksh 100,000 bail pending further investigations.
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