The courtroom in Nairobi on Tuesday heard Maxine Wahome’s defense in the case of her boyfriend, rally driver Asad Khan, who died after sustaining a leg injury during a domestic dispute.
Through her lawyer, Philip Murgor, Maxine argued that Khan’s death was the result of his own actions and inadequate medical attention, not her doing.
Murgor explained that the incident occurred at their home in Kileleshwa when the couple argued and Maxine locked herself on the balcony.
“It was Khan who kicked the glass door during their argument. The glass cut his leg on the ankle, causing an injury that would later result in death due to too much bleeding and septicemia,” he told Justice Lillian Mutende. Septicemia, the lawyer added, is a life-threatening bloodstream infection that can spread rapidly and cause organ damage if untreated.
During cross-examination of investigating officer Diana Angote, Murgor highlighted that Khan’s injury, combined with untreated hospital infections, contributed to his death.
Angote confirmed that when she visited Khan at Avenue Hospital’s Intensive Care Unit, he had a single bandaged leg wound.
Murgor emphasized that all medical reports indicated signs of septicemia, which were missed by attending doctors.
“A cut to the leg is not necessarily fatal. Besides, a doctors from Avenue Hospital testified and admitted here that they never detected septicemia and so never treated it. With that information, do you agree you ought to have done more investigations as to the case of death?” he asked.
Angote acknowledged the oversight, adding, “Now that it has come to our attention, we can still investigate.” Court proceedings also revealed that Khan was heavily intoxicated at the time.
Angote described finding several bottles of alcohol, both full and empty, in the house. When questioned whether Khan had been the aggressor during the dispute and injured himself while trying to reach Maxine, Angote replied in the affirmative and confirmed that Maxine was sober upon arrival after the incident.
The defense portrayed the event as a combination of self-inflicted injury and medical negligence, arguing that proper hospital care could have prevented Khan’s death. Maxine maintains she did not directly cause his fatal injuries, and that the case should focus on the circumstances surrounding the incident rather than assigning blame solely to her.
The trial continues as the court examines the medical evidence and the events leading up to the tragic outcome.
