Maxine Wahome acquitted in Asad Khan death case by High Court

Justice Lilian Mutende delivered the ruling on Tuesday, July 28, 2026, finding that the prosecution failed to establish a prima facie case. The court invoked Section 2061 of the Criminal Procedure Code, discharging Wahome without requiring her to enter a defense. The prosecution presented 29 witnesses, but the evidence did not sufficiently link Wahome to Khan's fatal injuries.

The judge noted that the circumstances did not exclusively point to Wahome as responsible. The State's case relied heavily on circumstantial evidence, arguing that Wahome and Khan were the only two people present during the confrontation. However, no witness saw what caused Khan's injuries.

Medical evidence suggested some injuries were consistent with a fall, and questions were raised about whether medical complications during treatment contributed to Khan's death. Wahome maintained that Khan attempted to assault her, leading her to lock herself on a balcony, and that Khan shattered a door while trying to force it open. The investigating officer admitted there was no conclusive evidence directly linking Wahome to the injuries.

The judge rejected the prosecution's argument that Wahome's absence from the hospital and burial indicated guilt, stating it could be explained by her suspect status. The court emphasized that circumstantial evidence must eliminate reasonable alternati