Celebrity rally driver Maxine Wahome's fate on the death of her boyfriend Asad Khan now lies with Director of Public Prosecutions Noordin Haji.
The new development comes after the investigating officer in the case on Monday, January 31, 2023, informed Milimani Senior Principal Magistrate Bernard Ochoi that investigations into the matter are complete and the file has been forwarded to Haji's office for perusal and recommendations.
"I urged this court to close this investigation file. The DCI homicide office completed investigations into the matter on January 25 and the file was forwarded to the office of DPP for perusal and further action," the officer stated.
The DPP, through James Gachoka, confirmed receiving the investigations file in the matter and urged the court to close the miscellaneous application and sought more time to enable him to peruse and make his decision on whether Wahome is culpable for her lover's death.
Asad's family, however, opposed the DCI and DPP's intention to close the investigations file without giving directions on whether Wahome will be charged or not.
Through lawyer Danstan Omari, the family stated that the closure should wait for the DPP's decision.
While protesting the closure of the investigating file, Omari said that the investigating officer has not disclosed its recommendations, arguing that closing the miscellaneous application without charging anyone is a setup.
"The investigation officer has not disclosed the recommendations. If the DPP decides to charge the person what happens… this is the first case where we don't have the directions on whether the suspect will be charged or not," the court heard.
Omari said his client fears that the DPP may not make any decision on the matter soon.
Wahome’s lawyer Steve Kimathi said his client is not opposed to the decision as had complied with the court directions and will continue to cooperate until the DPP gives node.
At the same time, Asad's landlord of the premise where the incident happened sought to have the DCI compelled to release the house which is said to be a crime scene back to him.
He said the house known as Apartment number 3 block D at Prieston Courts plot in Kileleshwa is in rent arrears of Ksh269,500 and he is incurring losses.
"As of now, we have arrears of Ks269,500. It is our request that the investigating officer gives back the premises to the landlord so that he does not continue to suffer a loss of income, given the admission that the investigations are done," the court was told.
In response to the landlord's request, the investigating officer, however, said that the keys will be released to the landlord once the DPP gives directions on the matter.
The magistrate is, however, expected to give his ruling on whether to allow the closure of the case on February 15, 2023.