What you need to know:
- Assad, who was assaulted on December 12, 2022 and left with bleeding open wounds, was rescued by his younger brother Adil Khan, who dashed him to Nairobi Hospital and later transferred to Avenue Hospital where he succumbed four days later.
The family of deceased rally driver Assad Khan has opposed a move by police to close investigations into his death before a decision is made whether or not to charge his girlfriend, Ms Maxine Wahome.
Through lawyer Danstan Omari, the family asked the court to keep the investigations alive since “a life was lost.”
“Police should not be allowed to ask this court to abruptly close the motion they started before the DPP [Director of Public Prosecutions] gives directions whether to charge the respondent (Ms Wahome) or not over the death of Assad based on the findings of the investigations,” Mr Omari told Senior Principal Magistrate Bernard Ochoi.
He asked the court to give the DPP a deadline when to hand in a decision “otherwise his office will be turned into a parking lot of many undecided files. The file can even stay there for 30 years.”
Mr Omari said it is the police who brought Ms Wahome before the court on suspicion that she was involved in Mr Khan’s death. He added that the police have concluded investigations and forwarded their findings to the DPP.
Police released the investigations diary to the DPP on January 25 after getting DNA reports, the post-mortem and medical treatment notes from Nairobi and Avenue hospitals.
But defence lawyers Andrew Musangi and Steve Kimathi protested and asked the court to protect Ms Wahome from any inferences that she killed Assad yet she is also a victim.
Mr Musangi undertook to present Ms Wahome anytime she is wanted by either the police or the DPP for further questioning.
He also asked the court to return the Sh100,000 cash bail Ms Wahome deposited in court.
State counsel James Gachoka said Ms Wahome has not been freed yet and that she is still under custody of the court until the DPP gives directions.
Mr Ochoi will give his ruling on whether to close the police investigations or not on February 15.