Rally driver Maxine Wahome has been acquitted of the murder of her boyfriend, Asad Khan, after the High Court ruled that the prosecution failed to establish a case against her.
Delivering the ruling on Tuesday, July 28, Justice Lilian Mutende held that the prosecution had failed to establish a case requiring Wahome to answer.
"After considering all the evidence presented, the court finds that the prosecution has failed to prove a prima facie case against the accused," she ruled.
Justice Mutende consequently acquitted Wahome under the provisions of the Criminal Procedure Code.
"Therefore, the accused is not required to present a defense. As a result, the court acquits her under Section 306(1) of the Criminal Procedure Code. It is so ordered," she added.
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Wahome had been charged with the murder of Khan following an incident at his apartment in Kileleshwa, Nairobi, in December 2022.
On the night of December 12, the couple was involved in a domestic altercation during which Khan suffered a deep cut to his leg and significant blood loss.
He was rushed to hospital but later died while undergoing treatment.
Police initially investigated the matter as grievous harm before upgrading the case to murder after his death.
During the trial, prosecutors called 29 witnesses, including investigators, medical experts, forensic specialists and civilian witnesses.
Their case was largely based on circumstantial evidence, arguing that Wahome and Khan were the only people inside the apartment during the confrontation and that she was therefore responsible for the injuries that led to his death.
The prosecution also relied on digital evidence, including call logs, videos, photographs and forensic exhibits.
Throughout the proceedings, Wahome denied murdering Khan.
Her defence argued that Khan sustained the injuries after kicking through a glass balcony door or window during the altercation.
The defence also maintained that Wahome had been assaulted during the incident and presented witness testimony and other evidence in support of that account.
Medical evidence presented during the trial further raised questions over the precise cause of Khan's death, with testimony indicating that he died from complications, including septicemia, after hospitalization rather than directly from the leg wound alone.
