The late rally driver Asad Khan abused Maxine Wahome and also took her money, the court heard on Tuesday.
Ms Wahome, through her lawyer Philip Murgor, told Justice Lilian Mutende that she was “brutally assaulted” and did not kill Asad.
During a bail application hearing, Murgor also informed the court that Khan and his brother took all her sponsorship money.
“This young lady was in the relationship when she was 22, it was the deceased who tracked her down; she was a nursery school teacher and ended up in rallying because of her father. The deceased was a mechanic who helped her fix her rally car and when she got famous all her sponsorship money went to the deceased and his brother, Adil,” he said.
The lawyer urged the court to release Maxine Wahome on reasonable bail, arguing that she was a victim of domestic violence and had no money.
“Those sponsorships went straight to Asad and his brother Adil and as she stands here, she does not have anything in her pocket and very little in her bank account,” he said.
Murgor also sensationally claimed that Khan’s brother was in possession of Wahome’s rally car and was demanding Sh2.9 million to release it.
He said the State does not have a compelling case to deny her bail.
“She has made it clear that she was the victim of domestic violence and it is the deceased who kicked the door, hurt himself and started bleeding. Even the neighbours have confirmed that she was wailing and calling for help,” said Murgor.
He added: “The medical report has nothing to show that Maxine murdered the deceased. It is like she is being charged for being insensitive to his injury and death. That is why we are pleading with the court to release her on bail.”
But the state opposed her release on bail, saying she can interfere with witnesses.
State Counsel Mulama also claimed that it was Khan who trained Wahome to be the rally driver that she is today.
“My Lady the accused was a rookie and it’s the deceased who made her to be who she is now as the celebrated rally driver,” he said.
Murgor said the rally driver is currently staying with her parents and she cannot interfere with investigations.
“The deceased was 50 years old so when they say she will interfere with the witnesses… look at the age gap of the accused and the brothers who are yet to testify… can she interfere with the witnesses?” Murgor submitted.
High Court Judge Lillian Mutende directed the probation office to file a pre-bail report before making her ruling on Monday next week.
