The fate of Safari Rally driver Maxine Wahome whose name was withdrawn from the World Rally Junior championship on Friday last week now lies with the High Court after a magistrates court ordered the closure of the investigations file in the killing of her boyfriend Assad Khan.
Milimani Senior Principal Magistrate Bernard Ochoi on Monday, March 13, 2023, directed police to close the investigations since Maxine has been charged with murder before High court judge Lilian Mutende last week on Tuesday.
"The investigations file that was placed before me in December last year by the police seeking time to conduct an in-depth probe into the killing of Safari Rally ace Assad Khan is hereby officially closed following the arraignment of the suspect before the superior court for a murder trial," Magistrate Ochoi rules.
The Magistrate gave the directions following orders by Justice Mutende that he formally closes the court action against Maxine before him.
The Judge gave the orders following a request by the defence lawyers Steve Kimathi and Anderson Musangi that they produce Maxine before Ochoi for further directions in the police investigations.
The DCI Kilimani on Tuesday, March 14, 2023, will escort Maxine to Mathari Mental Hospital for evaluation of whether she is mentally fit to stand murder trial.
Assistant Director of DPP Gikui Gichuhi requested the judge to order Maxine to be escorted for mental assessment before being called upon to take a plea to the murder charge levelled against her on March 15.
The judge allowed the request after informing Maxine of the charge that has been filed against her by the DPP on March 7.
"At this stage, you are only required to be informed of the charge which states that on December 12, 2022, at Preston Court along Oloitoktok road in Kilimani sub-county within Nairobi county, you murdered Asad Manzour Khan. You are not required to plead at this stage," Justice Mutende informed Maxine when first before her virtually on March 7, 2023, at 1:30 pm.
Gikui opposed an application by the defence lawyers to free the suspect on bond pending formal charging. Kimathi and Musangi undertook to produce her for mental assessment and plea-taking in the event she is freed on bond.
The judge however concurred with the prosecution that the status of Maxine has changed and is now facing a capital offence whose verdict carries a mandatory death sentence or life imprisonment upon conviction.
Justice Mutende revoked the Ksh100,000 cash bail earlier by the lower court and ordered she remains in the custody of DCI Kilimani until Wednesday.
Khan died at avenue hospital in Nairobi where he had been admitted following a fatal assault that caused him to allegedly bleed to death.
Efforts by doctors to resuscitate him were in vain even after transfusing him with 10 pines of blood.
On that fateful night, it is alleged Maxine returned home in the wee hours of the night from a party she had attended alongside her sister at a city joint.
Upon getting home, an altercation erupted between the two lovers which degenerate into a combat fight that preceded the death.
Maxine was later arrested and detained at Kilimani police station after a report of the assault was reported by a brother of the deceased.
