Piece by: CAROLYNE KUBWA

30 March 2023

• The judge noted that according to Article 49, the accused has a right to be released on bail under conditions unless there are other reasons to be kept in custody.

Maxine Wahome, the rally driver charged with the murder of her boyfriend Asad Khan, has been released on a Sh2 million bond.

High Court judge Lilian Mutende in her ruling on Thursday, said the prosecution did not give convincing evidence to deny the accused bond.

The judge noted that according to Article 49, the accused has a right to be released on bail under conditions unless there are other reasons to be kept in custody.

"I hereby grant the accused a bond Sh2 million with surety of a similar amount. Further orders are that the accused deposits her passport in court," Justice Mutende ruled.

She said Maxine will only travel out of the country with the permission of the court when necessary.

The judge also cautioned Maxine to keep away from any witnesses who have recorded statements and if she does, the bond will be cancelled.

The case will be mentioned before the presiding judge on April 19.

Last week, Maxine told the court that her boyfriend, Asad Khan, was an abusive partner and she is the victim, not the villain.

Wahome was charged with the murder of Khan which occurred in December last year after a domestic squabble.

Through her lawyer, Phillip Murgor, Wahome said Khan, who she alleged was a mechanic, had been taking all her sponsorship money leaving her destitute.

Murgor told Justice Mutende that all her sponsorship money went to Khan and his brother.

“Asad was a mechanic who helped Maxine fix her rally cars and when she got famous, all the sponsorship money ended up in the hands of Asad and his brother Adil,” Murgor said.

“And as she stands here she does not have anything in her pocket and very little in her bank account.”

Murgor also said Adil is in possession of her rally car and he is demanding Sh2.9 million before he releases it.

Justice Mutende told Murgor that the allegation was extreme and she would not record it.

Murgor also narrated to the court how Wahome met her boyfriend, saying he approached her. He said Wahome was a nursery school teacher at a nearby school and the deceased tracked her down and got her contact.

The lawyer said Wahome, who is now 25, got into the relationship with Khan, who died aged 50 when she was 22 years old.

Asad's family had opposed Maxine's application to be released on bail.

In a pre-bail report filed in court, Adil told the court that the two families are now worst enemies.

He expressed the pain they have endured as a family due to the death of his brother. Both Maxine and Asad Khan were celebrity rally drivers.

“Everything happened so fast, unexpectedly. One moment the two families are all happy and celebrating in a rally and the next they are worst of enemies,” the report reads.

It was also established that Maxine and Asad's families are well-known to each other due to their love for motorsport.

“They(families) were aware of the love relationship between the accused and deceased,” the report reads.