Maxine Wahome’s trial for the alleged murder of rally driver Asad Khan commenced on Wednesday at the Milimani High Court, with two prosecution witnesses testifying about his history of violence.
Testifying before Justice Lilian Mutende, Chemutai Sogomo Chepkorir, the first prosecution witness and a neighbor of the deceased claimed that Asad had six prior relationships that fell apart due to his violent character.
A resident at Preston Court Apartment in Kileleshwa, Nairobi, since 2013, Chemutai revealed that only one of Asad’s relationships lasted long, primarily because he had a child with the woman.
Providing her testimony about the December 12, 2022 incident that resulted in Asad’s death, Chemutai informed Justice Mutende: “There was violence. I was terrified. I phoned my cousin, requesting them to come and help me leave my residence because I couldn’t endure the violence occurring upstairs.”
Under cross-examination by Senior Counsel Philip Murgor and Maxine’s legal team consisting of lawyers Steve Kimathi and Andrew Musangi, Chemutai recounted that chaos erupted at approximately 8 a.m. She recounted hearing screams, intense and forceful pounding on the floor, and objects crashing down.
“Broken glass fell through my window from Asad’s third-floor house…There was somebody crying and Asad was hurling insults …I heard Maxine crying…” Chemutai said.
She informed the judge that, as the violence persisted, she reached out to the gate guard, Hassan Wesonga Oyugi, and requested him to intervene and halt the altercation. She also called the chairman of the residents’ association, Samuel Kimani Kihanya.
” The violence persisted…I heard screams and shouting with Asad hurling unprintable insults at Maxine.”
“Who was screaming during the fights, Maxine or Asad?” Murgor asked the witness.
“It was Asad who was screaming,” Chemutai responded.
Following the violence and shouting, a sense of calm prevailed, as attested by the neighbor.
Chemutai further disclosed that she saw a trail of blood flowing from Asad’s residence and onto the staircase. She made another call to Hassan, who promptly arrived and proceeded to notify other neighbors.
“Four neighbours came out and they accessed Asad’s house. They carried him downstairs with the doctor holding his injured lower limb.”
Chairman of the Residents’ Association Testimony
Samuel Kimani Kihanya, chairman of Preston court, also testified confirming Asad’s alleged violent character. He characterized Asad as a reserved individual, noting that uncovering his less apparent side required some time.
“Asad was quiet when you saw him for the first time, when you get to know him …you get to know the other side of him,” the court heard.
Kihanya recounted the events of December 12, 2022, when he contacted the police upon discovering Asad lying on the staircase in a pool of blood.
He mentioned that the estate guards had informed him that there had been multiple instances of commotion within Asad’s residence, not just once or twice, but on several occasions.
Kihanya testified that when the police officers arrived at the crime scene, Maxine opened the door. Upon entering the house, he saw bottles of alcohol and miraa on the table in the living room, and he also noticed a pool of blood leading towards the kitchen.
During cross-examination, Kihanya informed the court that Asad had multiple girlfriends and had exhibited violent behavior towards all of them.
“There’s a time during COVID when he got altercation with a neighbor…He goes on and on…very abusive. They were arguing who should have a party during COVID and who shouldn’t,” said the estate chairman.
“There’s a time we were having drinks at his garage and at around 11 he started being abusive to another lady.”
The hearing continues.