Rally driver Maxine Wahome has been acquitted of the murder of her late boyfriend, Assad Khan, after the High Court found that the prosecution failed to prove the charge beyond reasonable doubt.
In its judgment delivered on Tuesday, the court held that the evidence presented by the Office of the Director of Public Prosecutions (ODPP) did not meet the legal threshold required to sustain a murder conviction.
"The prosecution has failed to establish the charge of murder beyond reasonable doubt," the judge ruled, adding that the evidence adduced during the trial was insufficient to support a finding of guilt.
The court consequently acquitted Wahome, bringing to a close the criminal proceedings that have been before the High Court for more than three years.
Wahome had consistently denied the charge throughout the trial, maintaining that she was not responsible for Khan's death.
The case stems from an incident on December 11, 2022, at an apartment in Nairobi's Kilimani area, where Khan sustained serious injuries during what prosecutors alleged was a domestic altercation between the couple.
Khan was initially rushed to Nairobi Hospital before being transferred to Avenue Hospital, where he underwent treatment in the Intensive Care Unit (ICU). He died on December 18, 2022, a week after the incident.
Following investigations, the ODPP approved murder charges against Wahome, accusing her of unlawfully causing Khan's death. She was arraigned before the High Court in February 2023 and pleaded not guilty.
During the trial, the prosecution called several witnesses in an attempt to link Wahome to the fatal injuries. The defence, however, challenged the prosecution's evidence, arguing that it was inconsistent and incapable of proving the offence of murder.
After considering the testimony of witnesses and submissions from both sides, the court found that the prosecution had not discharged its legal burden of proving the charge beyond reasonable doubt.
"The evidence presented falls short of the standard required by law for a conviction," the court held.
The acquittal ends one of Kenya's most closely followed criminal trials involving a prominent motorsport personality, with the court concluding that the prosecution had failed to establish a case sufficient to warrant a conviction.
Through lawyer Steve Kimathi, he said he was extremely pleased with the Court’s decision to acquit Maxine.
'This is a case that should never have been brought before the courts in the first place, yet the ODPP chose to pursue it. Today’s judgment is a vindication of my client’s innocence and, most importantly, it has cleared her name. I welcome the Court’s decision and am grateful that justice has prevailed", he told the media.
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