Rally driver Maxine Wahome is not yet off the hook over the death of her boyfriend Asad Khan after a Nairobi court declined to close the investigations file.
Senior Principal Magistrate Bernard Ochoi ruled that it will be unfair for Khan's family to close the file before the investigating officer gives a full report of findings in the incident that led to the death.
“The investigating officer informed the court that he was investigating the incident and their decision to close the file without informing the court and all the parties the findings amount to an abuse of the court process,” ruled Mr Ochoi.
The magistrate said that investigators have an obligation to inform the court of their findings before seeking to close a file and give reasons why they do not wish to proceed with the case.
Mr Ochoi gave the investigating officer and the Director of Public Prosecutions 15 days to file a report giving reasons why they want to close the case before the court makes a determination on the way forward.
He also gave investigators five days to collect any evidence from the residential apartment where Wahome and Khan were cohabiting and hand it back to the landlord.
Wahome, who is one of the youngest fast-rising rally drivers, was arrested in December last year after a domestic row with Khan at their apartment that led to his hospitalisation and subsequent death.
She has been out on a cash bail of Sh100,000 to allow police complete investigations.
Investigators said they wanted time to record statements, subject samples of exhibits collected from the couple’s apartment to DNA analysis, and examine Wahome’s phone forensically.
But the rally driver, through her lawyers, had argued that she was the victim of an attack by Khan and she should not be detained or charged with any offence.
Wahome also denied hurting Khan during the alleged domestic fight, telling the court that his injuries were self-inflicted.
The magistrate directed that the case be mentioned on March 27 when the DPP is expected to file a report of his decision.