Safari Rally driver Maxine Wahome has been formally charged with murder of her boyfriend Assad Khan.
Appearing before Justice Lilian Mutende of the Milimani High Court Criminal Division virtually, Maxine 25, denied one count of murder levelled against her by the office of Director of Public Prosecutions.
Maxine denied that she killed Khan on December 12,2022 at Preston Court along Oloitoktok road in Kilimani sub-county within within Nairobi county
After denying the murder charge, the DPP led by three state counsels Gikui Gichuhi sought to have Maxine detained at Lang’ata Women prison pending the hearing on her bail application.
But Maxine lawyers led by Senior Counsel Phillip Murgor and Steve Kimathi sought to have her bail application heard urgently as she has been in custody since March 7,2023.
“There is no need to delay this matter further and we should now admit her to bail and we hope the trial can start tomorrow ( Thursday March 16),” Lawyer Murgor informed the court as she sought to have Maxine freed on bail.
Murgor applied to be furnished all the material evidence to be relied in the murder case by the Prosecution by close by business today.
Victims lawyers Danstan Omari, Cliff Ombeta and Shadrack Wambui informed the court they are yet to be served with the bail application by Maxine and urged the court to order the accused person defence lawyers to serve them with the bail application to enable them respond.
Omari urged the court to order probation officers to conduct a pre-bail report and the same be filed in court before the bail application by Maxine can be heard.
In a brief ruling, Justice Mutende ordered Maxine be detained at Lang’ata Women’s Prison until March 21, 2023 for hearing on her bail application in an open court.
She also ordered a pre-bail report be filed in court before Tuesday next week.
The judge further ordered Maxine to serve Khan’s family lawyers with her bail application. The victims lawyers were however ordered to respond to the bail application within two days.
In her bail application, Maxine says she is not a flight risk.
She has asked the court to invoke its inherent jurisdiction and the requirements of Article 49(1)(b) of the Constitution to free her on bond pending trial.
“The Court is pleased to release the accused on reasonable bond terms pending the hearing and determination of this matter, “says lawyer Kimathi.
Maxine has also filed an affidavit claiming she is innocent and detailing the events on the fateful night.
