What you need to know:
- However, the Asad family acknowledged that the bond is constitutional right to the accused, but has opposed her being freed for fear of influencing witnesses.
- “In as much the family has not received any threats so far from the accused or her proxies, they feel she is capable together with her family to interfere with the witnesses and even flee to another country,” the probation officer added.
Rally driver Maxine Wahome, who is accused of murdering her boyfriend Asad Khan, will have to wait until March 29 to find out if she will be freed on bond or not.
Lady Justice Lilian Mutende Monday set the date after receiving a pre-bail report which recommended that she be freed on stringent bail terms.
In the report, Maxine’s family has undertaken to ensure that she abides by the bond terms that will be imposed by the court.
“In view of the sentiments expressed by all the parties, and in regard to information provided, this court may grant bail/bond to the accused with stringent measures aimed at protecting the safety and emotional well-being of the victims," read the report.
Probation officer M M Abim, who prepared the report, said the family of the deceased has termed the death of their kin as devastating.
“The death of Assad Khan is devastating to the family since he was an anchor and the string that held everything together in the family,” Abima said.
However, the Asad family acknowledged that the bond is constitutional right to the accused, but has opposed her being freed for fear of influencing witnesses.
“In as much the family has not received any threats so far from the accused or her proxies, they feel she is capable together with her family to interfere with the witnesses and even flee to another country,” the probation officer added.
Defence lawyers Philip Murgor, Steve Kimathi and Andrew Musangi told the judge that the accused is a youthful sportsperson who has brought fame and honor to the country locally and internationally in motorsport.
Kimathi said the accused had a good bond history during the investigations of the case where she did not interfere at all and stayed away from public limelight.
“Her conduct has been described as good by those we interviewed,” Abima stated in the pre-bail report.
Asad's family denied allegations by Maxine's lawyer Philip Murgor that they demanded Sh2.5million from her for her rally car repairs.
Asad's brother, Adil through the family lawyer denied the allegations made by Murgor that he retained the sponsorship money paid out to Maxine by the World Rally Championship (WRC).
The family demanded Murgor to withdraw those remarks saying they portray Adil in bad light.
But Murgor responded, telling the judge he stands by his submissions that Adil made the demands from Maxine and that the accused had been “turned into a cash cow.”
Murgor and Kimathi said Maxine’s rally car is still being detained by Adil for an unsubstantiated claim of Sh2.5m.
“The issues being raised in court by the family are defamatory in nature but the case before court is criminal,” Kimathi stated.
The judge agreed that the matter raised by the victim's family is civil in nature and directed Adil to go before an appropriate forum.
Justice Mutende will deliver her ruling virtually on Wednesday.