Rally driver Maxine Wahome has been arraigned before the High court to face murder charges over the death of her lover Assad Khan.
However, Wahome did not plead to the charge and is set to await mental assessment to ascertain whether she is fit to stand for trial.
Justice Lilian Mutende on Tuesday, March 7, 2023, ordered Wahome to be detained at the DCI Kilimani before she is formally charged on March 15.
The judge directed DCI Kilimani to escort Wahome to Mathari Mental Hospital on March 14 for her mental assessment.
"This being your first arraignment you are not required to plead to the charge filed against you by the DPP. The information states that you are charged with murdering Khan on December 12 at Preston Court, Kileleshwa Nairobi county. You are not required to answer until you undergo mental assessment," Justice Mutende told Wahome.
The judge noted that the orders made by Senior Principal Magistrate Bernard Ochoi earlier in the day regarding the bond terms are not binding to the High Court.
She however revoked the Ksh100,000 cash bail given earlier by Ochoi and ordered Wahome's detention pending the murder charges.
The judge also declined an attempt by Wahome's lawyers Steve Kimathi and Anderson Musangi to have her continue enjoying the bond terms given by the lower court.
Kimathi has filed an application in the High Court seeking Wahome to be freed on bond saying she is not a flight risk and has cooperated with investigating officers during the probe.
The judge concurred with state prosecutor Gikui Gichuhi that the circumstances in the matter have drastically changed since a formal murder charge had been filed in the High Court.
The arraignment of Wahome before the High court yesterday afternoon came hours after the Director of Public Prosecutions, Noordin Haji, recommended that Wahome be charged with murder.
The charge was arrived at after the DPP reviewed the investigations file forwarded to him by DCI and he is satisfied that there is evidence to support the murder charge against Wahome.
The DPP's move to recommend the prosecution of Wahome with murder comes two weeks after the lower court declined to close the investigations file following an objection by Khan's family.
The deceased's family through Lawyer Danstan Omari and Cliff Ombeta had sought to be furnished with the outcome of the investigations conducted by the DCI before the investigation file can be closed.
Wahome has been under investigation by the DCI detectives since December last year after her boyfriend Khan was admitted to Nairobi hospital and later transferred to Avenue hospital where he succumbed to injuries inflicted on Jamhuri day.
It is said that the injuries were suffered after an altercation and a fight ensued in their residence on the fateful night.
The case before the lower court has not been closed they will appear before Ochoi on Monday to update the High Court proceedings before the case is formally closed.
