The move by ODPP to close the case against Safari Rally driver Maxine Wahome has been declined by the court.
In a landmark ruling issued by Senior Principal Magistrate Bernard Ochoi, the Court said that it was illogical for the Office of the Directorate of Public Prosecutions to close the file without airing the content of the investigations to the court.
Milimani senior principal magistrate Bernard Ochoi gave the DPP and the DCI 15 days to provide a report on how the matter should be handled.
The decision on whether to prosecute Ms. Wahome will be rendered on March 7.
The magistrate also upheld an objection raised by lawyers representing the deceased’s family, Danstan Omari and Cliff Ombeta, that the file cannot be closed until a decision is made on whether a charge will be lodged against the suspect.
“The DPP is yet to give directions into the matter. The practice of Law requires the Investigating officer to inform Court the findings of investigation upon the completion of Investigations. This has not been done and i therefore uphold objection by the counsels representing the deceased’s family. I give the ODPP 15 days to brief this court on the content of the investigation report,” said Ochoi.
Ms Wahome was arrested on December 12, 2022, for allegedly assaulting Asad. Officers were initially investigating a charge of inflicting serious harm, but the situation changed following Asad’s death.
