The DPP says he is yet to decide whether he will charge Rally driver Maxine Wahome in connection to the death of her late boyfriend Asad Khan.

It is alleged that Khan died due to injuries sustained during a fight they had in December last year at their house in Kileleshwa.

Two weeks ago, the prosecution asked for more time to allow the DPP to review the file whether he will charge her in connection with the death of Khan.

However, the investigating officer told the court Monday morning that he forwarded the file to the DPP on January 25 but there are still no directions.

“I am still looking for a response from the office of the DPP. They said that they have not made a decision on the same,” the officer said.

He asked the court to close the miscellaneous file as they await further directions from the DPP.

However, the family through lawyers Cliff Ombeta and Danstan Omari have challenged the closure of the file.

Omari has told magistrate Bernard Ochoi that the police have not disclosed in finality if they recommended her to be charged or not.

He has asked the court not to close the file as requested but instead give a further mention date so that the DPP can tell the court what his recommendation is.

The Landlord through his lawyer has also asked the court to order the investigation officer to hand back the apartment which has been labeled a crime scene.

He says he is losing out on rent that he should be receiving from that house.

But the prosecution has opposed the release of the apartment to the landlord, saying that until they know what directions the DPP will give.

Wahome’s lawyers have opposed the victims having an audience before the court, insisting that she is the victim in this matter.

The court heard that she is only a witness to what happened further faulting Omari’s use of the word murder in his submission.

He said even though Khan’s family is mourning, Wahome is equally in mourning as she lived in that house with the deceased.