After a positive mental evaluation on Tuesday at Mathari Mental Hospital, rally driver Maxine Wahome is ready to stand trial for murder in the death of her partner Assad Khan. On March 7, doctors at the mental hospital assessed her following the High Court judge Lilian Mutende's instructions and declared her competent to face trial.
Maxine added former DPP and senior counsel Philip Murgor to her team. Her defence attorneys brought Maxine to Mathari Mental Hospital to observe the medical procedure.
Before Maxine testified in court on Wednesday on the murder charge, DCI Kilimani forwarded the report to the DPP following the examination.
"The family of Maxine has enlisted Murgor to join Kimathi and Musangi to give fresh momentum to her defense for innocent," a family source said to the media.
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Murgor has extensive criminal law knowledge and has successfully defended prominent murder cases.
Maxine has also applied for her release on bond before the High Court, claiming that she poses no flight danger.
Maxine requested that the High Court use its inherent jurisdiction and comply with the provisions according to the Constitution's Article 49(1)(b). release her on bond pending trial in the bail application she filed under a certificate of urgency.
Maxine claims that the Constitution permits a court of law to release a defendant on bond before taking a plea unless there are compelling reasons, through her attorneys Steve Kimathi and Andrew Musangi.
The defence attorneys state in the court papers that it is the court's responsibility to see that the Constitution's spirit is in place in the administration of justice by ensuring fairness, equality, and equity to all parties, including the accused in this case which seeks to take home to bail or bond.
Maxine is likely to remain in custody despite no compelling reason to deny her the right to bail, so they ask the court to decide the application as quickly as possible.
Following a tip from the Khan family, Maxine was detained at Kilimani on December 13 as police investigated Khan's death.
On December 12, 2022, at Preston Court on Oloitoktok Road in Nairobi County's Kilimani Sub-County, she was accused of committing the murder offence.
At the moment, she is at DCI Kilimani.
