Celebrity rally driver Maxine Wahome is not out of the woods over the death of her boyfriend Asad Khan.
This after a Nairobi court dismissed an application by the prosecution to close the investigation file.
Last month, the Office of the Director of Public Prosecutions (ODPP) informed the court that it had not yet decided whether to charge Maxine Wahome.
The investigating officer(IO) asked the court to close the miscellaneous file as they await further directions from the DPP.
On Tuesday, Senior Principal Magistrate Bernard Ochoi ruled it will be unfair for Khan’s family to close the file before the investigating officer gives a full report of findings in the incident that led to the death of the rally driver.
“The investigating officer informed the court that he was investigating the incident and their decision to close the file without informing the court and all the parties the findings amount to an abuse of the court process,” Ochoi said.
The court added that investigators have an obligation to inform the court of their findings before seeking to close a file and give reasons why they do not wish to proceed with the case.
“The DPP is yet to give directions into the incident. He is expected to decide whether or not a murder charge will be filed against the suspect,” Ochoi said.
The magistrate gave the Director of Public Prosecutions 15 days to file a report giving reasons why they want to close the case before the court makes a determination on the way forward.
The court also directed investigators to collect any evidence from the residential apartment where Wahome and Khan were cohabiting within five days. They are then required to hand it back to the landlord.
The case will be mentioned on March 7 when the DPP is expected to file a report of his decision.