The High Court has acquitted Kenyan rally driver Maxine Wahome of the murder of her late boyfriend and fellow rally driver Asad Khan, bringing to a close a case that has drawn national attention for more than four years.

Justice Lilian Mutende ruled that the prosecution failed to establish a prima facie case, meaning there was insufficient evidence to require Wahome to defend herself against the murder charge.

“In totality, having considered all the evidence before the court, the case presented by the prosecution has failed to establish a prima facie case warranting that the accused person be placed on her defence,” the judge ruled.

Court Finds Insufficient Evidence

In her ruling, Justice Mutende said the evidence presented by the prosecution did not sufficiently connect Wahome to the injuries that led to Khan’s death.

The court therefore found that Wahome could not be held criminally responsible for the death based on the evidence presented during the trial.

The judge also referred to concerns raised during the proceedings regarding Wahome’s state of mind after she became a suspect in the case.

“There is the question of fear or discomfort, which was brought up since, from the outset, the accused was a suspect and she was adamant about it,” Justice Mutende noted.

The Death of Asad Khan

Khan died on December 18, 2022, after suffering serious injuries during an incident at the Nairobi apartment he shared with Wahome.

Following his death, Wahome was arrested and later charged with murder.

Throughout the trial, she pleaded not guilty and maintained that she was not responsible for Khan’s death.

Wahome Claimed Self-Inflicted Injuries

During her defence, Wahome argued that Khan had been abusive and that he sustained self-inflicted injuries during an argument.

She told the court that Khan had ordered her to leave their apartment and became violent, forcing her to seek safety on the balcony.

The High Court ultimately found that the prosecution had not presented sufficient evidence to prove its case.

A New Chapter for the Rally Driver

The acquittal brings an end to one of Kenya’s most closely followed criminal trials involving a sports personality.

Before the case, Wahome had established herself as one of Kenya’s brightest motorsport talents, making history in June 2022 as the first Kenyan woman to win the WRC3 class at the Safari Rally.

With the ruling, Wahome is now a free woman after the conclusion of the lengthy court proceedings.

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