BY SAM ALFAN.
The family of the late rally driver Asad Khan has opposed the termination of investigations into his death before the Director of Public Prosecutions Noordin Haji decides whether to charge Maxine Wahome, Asad’s lover.
The family through their lawyer Danstan Omari told Senior Principal Magistrate Benard Ochoi that the file cannot be closed when the DPP has not disclosed the outcome of the investigation.
Lawyer Omari said the attempt by the investigating officer asking the court to close the file, undermines the pending decision of the DPP.
“You are being told close this file by the Investigating Officer. If the DPP decides to charge, we shall be in a position of absurdity.This is the first time the state is saying close the mischillneoes application without a charge or proper direction from the DPP,” Omari told the court.
The victim family through lawyer Omari urged the court to decline to close the miscellaneous application without proper directive adding that the Chief Justice Martha Koome said the Court should not be a parking lot.”Let not the office of the DPP be turned into a parking late.”
He said that the family wants to know who killed the former rally driver.
Lawyer Omari said it is the Police who brought Maxine to court on suspicion she had information about the death of Assad following a grievous assault.
“The public and the family also wants to know what befell the celebrated rally champion,” Omari added.
Maxine, who is also a celebrated rally driver was arrested on December 22, over Asad’s death but was released on cash bail, pending conclusion of investigations.
The court ordered her to be reporting to Kilimani police station every Thursday.
Asad, popularly known as Kalulu, was rushed to hospital while bleeding and spent a few days in Intensive Care Unit but died after losing so much blood.
Lawyer Omari further opposed plans to hand over the house in which the rally drivers stayed together, back to the landlord, saying it was a scene of crime.
The court will rule on February 15, whether to close the file.
