In summary
- Lawyers submitted that from the previous record, Maxine has cooperated with investigative officers right from the time she was given a cash bail of Ksh 100,000 by Chief magistrate court.
- However the prosecution maintained that if the accused is released on bail she is likely to interfere with witnesses and hence a flight risks.
Lawyers representing Maxine Muringo Wahome who has been charged with murder have made the application seeking to have her released on bond or bail pending trial.
Senior counsel Philip Murgor, Andrew Kimani and Stephen Musangi told presiding judge Justice Lilian Mutende that their client has demonstrated her willingness to attend trial and abide by all conditions to be set if she is released on bond or bail.
Complied With Investigators
They submitted that from the previous record, Maxine has cooperated with investigative officers right from the time she was given a cash bail of Ksh 100,000 by Chief magistrate court.
“She religiously attended court sessions and submitted herself to the investigators whenever she was required,” lawyer Murgor said.
The lawyers told the judges that from the evidence held by the prosecution there are no compelling reasons that have been adduced to enable the court deny the accused bail.
The said failure of the accused to visit the deceased Asad Khan in hospital may have been caused by fear and she chose to restrain herself and subsequently absconded the funeral for fear of being attacked by the family.
It became prudently clear that the deceased was a drunkard and became violent on 12th December and chased her away from the house.
Not At Flight Risk
However the prosecution maintained that if the accused is released on bail she is likely to interfere with witnesses and hence a flight risks.
The court directed that pre-bail report be availed by Friday and matter be mentioned on Monday next week to confirm compliance and ruling date to be given by the judge.
