Brother claims Assad Khan's injuries were not self-inflicted

A brother of a former rally ace, the late Assad Khan, has told the high court that he died from a bacterial blood infection medically known as Septicemia, contracted while he was admitted to the hospital for treatment of an injury he suffered during a fight with his girlfriend, Maxine Wahome.

Adil Khan, who testified before Justice Lilian Mutende in Assad Khan's murder case, said besides the blood infection, his deceased brother had underlying conditions including hypertension, diabetes, and liver complications, and was also a drunkard.

Adil said his brother’s condition worsened due to bleeding profusely from an injury he suffered on his ankle when he allegedly kicked a door pane when he beat up rally driver Maxine.

He was first taken to Nairobi Hospital and later transferred to Avenue Hospital within Parklands in Nairobi County.

Adil said he paid a medical bill of Sh126,000 to Nairobi Hospital but had to transfer him to Avenue as Nairobi Hospital was asking between Sh600,000 and Sh1,000,000 to admit him at the Intensive Care Unit (ICU).

He had lost a lot of blood and wanted a blood transfusion, which was done at Avenue.

Maxine had to take refuge on the balcony of their Kileleshwa house to avoid further assault.

The judge heard that Maxine made a distress call to her parents saying “he (Assad) is beating me again.”

Her mother asked her to turn on her camera and screenshot the incident.

The said photos were presented as evidence by Senior Counsel Philip Murgor and Stephen Kimathi, representing Maxine alongside Andrew Musangi.

In the photos, Assad is seen alone in the house with blood spilling all over the floor. Assad managed to leave the house and fell down the staircase, leaving a pool of blood. Adil told the judge that his later brother was violent towards women.

He said he was called by the Kileleshwa Preston Court Residents Association Chairman, Samuel Kihanya.

He said his brother was also a heavy drinker and that on the fateful night, he had imbibed a whole bottle of Jameson and other hard drinks.

Police collected bottles of dry gin and blue tobacco wrapped in paper. Adil told Justice Mutende he suspected more than one person attacked his brother and then injured him seriously.

“The injuries on my late brother's ankle were not consistent with a cut arising from a kick at a door pane at their Kileleshwa residence, as claimed by police and Maxine,” Adil said on Wednesday. 

“I am 100 percent sure Maxine could not injure him alone.”

But Murgor insisted that Assad kicked the door pane and his leg stuck thereby inflicting the serious injuries on himself.

“The injuries were self-inflicted. He kicked the door pane and his leg stuck thereby injuring himself,” Mr Murgor asked the witness.

In response, Adil said it was hard for his brother to break the said door pane since he was short. 

He said that he did not have any grudge against Maxine. Maxine has denied she murdered Assad on December 12, 2022, and is out on bond. The hearing resumes on October 1.