High Court Judge Lilian Mutende ruled that there were no compelling reasons to continue detaining her pending the hearing and determination of her murder case.
“No forceful or convincing reason to put forward for the accused person being denied bail,” the judge ruled.
The judge also noted that the strength of the prosecution case as argued by the Directorate of Public Prosecution (DPP), is not a ground alone to deny her bail.
Maxine Wahome, who is currently being held at Lang’ata Women’s Prison, was also ordered to deposit her passport with the High Court Deputy Registrar Criminal Division and not to leave the country without the court’s permission.
“In the event she disobeys the bond terms condition set the Prosecution will be at liberty to apply for the cancellation of the bond,” ruled the judge.
Khan, 50, died on December 18, 2022, at Avenue Hospital Nairobi following f***l injuries inflicted on him on the night of December 11 and 12, 2022 at his apartment at Preston Court in Kileleshwa.
According to the state, Khan was assaulted by Maxine during the bail application hearing, the prosecution told the court that immediately after the incident, Maxine attempted to flee from the scene and kept away from Khan when he was in the hospital and never attended the burial.