The High Court has acquitted rally driver Maxine Wahome in the murder trial of her late boyfriend and fellow motorsport enthusiast, Asad Khan. Delivering her ruling on Tuesday, Justice Lilian Mutende declared that Wahome had no case to answer, ruling that state attorneys failed to establish a prima facie case against her.

“In totality, having considered all the evidence before the court, the case presented by the prosecution has failed to establish a prima facie case warranting that the accused person be placed on her defense,” Justice Mutende ruled.

The decision brings an end to a high-profile case in which prosecutors called 29 witnesses to prove that Wahome inflicted the fatal injuries. Throughout the trial, Wahome maintained her innocence, stating that Khan sustained his injuries during a domestic dispute in their apartment.

Because the prosecution relied heavily on circumstantial evidence, Justice Mutende noted that the state needed to exclude all reasonable alternative explanations before securing a conviction. While prosecutors argued that only Wahome and Khan were inside the home during the confrontation, key witness testimonies and physical evidence failed to link her directly to the act.

Rally driver Maxine Wahome, accompanied by her lawyer Philip Murgor and her mother Everlyne Wahome, leaves the Milimani Law Courts in Nairobi after being acquitted in the murder trial over the death of fellow rally driver Asad Khan on July 28, 2026. Photo: Leah Mukangai.

Responders who arrived at the scene testified that they heard a commotion and heard Khan ordering Wahome to leave, but none witnessed the moment he sustained his injuries. Crime scene investigators recovered bloodstains on the stairs and broken door glass, identifying the shattered glass as the only object present capable of causing Khan’s wounds. Other items, including a penknife and a metal rod, bore no blood traces, and investigators found no signs of a severe struggle in the bedroom.

Wahome explained to police that Khan attempted to assault her after an argument, prompting her to lock herself on the balcony. She stated that Khan accidentally broke the glass door while trying to force his way through. The investigating officer ultimately conceded in court that no direct evidence proved Wahome inflicted the wounds, while a medical expert testified that some of Khan’s injuries were consistent with a fall down the stairs.

The defense also raised questions regarding potential medical complications during Khan’s emergency care. Evidence showed that Khan suffered massive blood loss at the scene before developing severe health complications during treatment, which ultimately led to his death on December 18, 2022.

In reviewing the couple’s relationship history, Justice Mutende evaluated WhatsApp messages that showed Khan repeatedly calling Wahome while she was out socializing. Witnesses also described a volatile dynamic, with one testifying to Khan’s history of domestic aggression.

Addressing state arguments regarding Wahome’s choice not to visit Khan in the hospital or attend his funeral, the judge noted that fear and discomfort understandably influenced her conduct after police immediately treated her as a prime suspect.

Finding the state’s case insufficient to require a defense presentation, the court cleared Wahome of all charges.