NAIROBI, Kenya — The High Court of Kenya on Tuesday acquitted celebrated rally driver Maxine Wahome of the murder of her late boyfriend and fellow motorsport enthusiast, Asad Khan, ruling that the state failed to establish a prima facie case. Delivering her judgment in Nairobi, Justice Lilian Mutende declared that the prosecution’s circumstantial evidence was entirely insufficient and failed to legally connect the accused to the fatal injuries sustained during a domestic altercation in December 2022.
The High Court Verdict
Justice Mutende systematically dismantled the state’s case, which relied on testimony from 29 witnesses. The court highlighted massive contradictions in the medical evidence.
Three independent pathologists testified that Khan did not succumb to physical trauma but rather died from hospital-acquired, drug-resistant infections that caused septicemia. Furthermore, forensic analysis revealed traces of narcotics, including ketamine, in the deceased’s system, which the defense argued altered the context of the initial altercation.
“The circumstances must exclude reasonable alternative explanations before they can sustain a finding of guilt,” Justice Mutende noted in her ruling.
Defense and Public Reaction
Lead defense counsel Philip Murgor SC consistently maintained Wahome’s innocence, previously lodging formal complaints with the Director of Public Prosecutions (DPP) regarding the suppression of exculpatory evidence and allegedly doctored police logs. The defense proved that Khan’s primary injury, a severed Achilles tendon, occurred when he violently kicked a glass balcony door during the dispute.
The high-profile trial has intensely polarized the public, sparking widespread national debates surrounding domestic violence, gender bias, corporate sponsorships, and judicial accountability in prominent sports sectors.
Key Takeaways
- Presumption of Innocence: Presumed innocent unless proven guilty beyond reasonable doubt.
- Medical Determinations: Pathologists ruled death was caused by hospital-acquired septicemia.
- Prosecutorial Failure: Case dismissed under Section 306(1) of the Criminal Procedure Code.
What Happens Next
Following the definitive acquittal, Justice Mutende ordered the immediate return of Wahome’s passport and the full refund of all cash bail securities. While the criminal case is technically closed, prosecuting counsel Gikui Gichuhi has requested a statutory window to evaluate whether the DPP will launch an official appeal against the High Court’s ruling.
