Chelele's husband awaits verdict of second murder charge

Murder suspect Erick Makau Musila at the High Court in Naivasha, where his case was transferred from Kericho. [Antony Gitonga]

Details have emerged how Eric Makau Musila, the husband of slain musician Diana Chemutai “Chelele” reportedly brutally murdered an Eldoret-based surveyor before burning his body with kerosene.

Early this week, a Kisumu High Court found him guilty of the murder of Eliud Kiprchichir and is set to sentence him after two weeks.

The Administration Officer is also awaiting the verdict of a second murder case in which he has also been accused of murdering his wife in 2016 which has now been set for May 2 at the Naivasha law courts.

On Tuesday this week, Musila sighed as Justice Thrispisa Cherere read the 17-page judgment on behalf of Justice David Majanja who heard the case with all the evidence that had presented in court pointing an accusing finger at him.

Musila had been accused together with his wife on the murder but Chelele was terminated from the case after she was murdered in cold blood.

The evidence produced in court as well as testimonies from the witnesses who testified in the case implicated the AP officer in the murder.

The prosecution alleged that Kipchirchir was murdered by Musila in a suspected love triangle which also involved Chelele.

Kipchirchir died from two gunshot wounds which fractured his skull with medical reports presented in court indicating that he was also burnt after being shot.

During the course of the proceedings, the court heard of how the suspect together with another man lured the surveyor outside the hotel Kipchirchir had been with his wife.

Samuel Kibet, a watchman who testified in the case told the court that on the fateful evening, Chelele had asked him to serve her guest who was in one of the hotel rooms water. Chelele reportedly told him that the guest was also being trailed by police officers.

“At about 11 pm, two men, one dressed in army uniform came to the guest house and requested to go to the room Chelele’s guest was in,” said Kibet.

He noted that he declined to let them in but they produced their badges and headed straight to the room before a commotion ensued.

The witness told the court that the men later went out with the man outside the hotel with the man placed in handcuffs.

The incident took place in Ruseya, Konoin district in Bomet County, in March 2012.

A day later, the body of the deceased was found dumped near Ruseya River on the border between Kericho and Bomet counties. A white Jerrican with kerosene was also found next to the body.

Musembi Gonga, a chief inspector who testified in the case said that they also found two spent cartridges next to the body.

A forensic search which was done by investigators to establish phone call conversations on the day the crime was committed also established that the accused called Kipchirchir on the fateful night.

The data presented in court as part of the exhibit showed that the deceased and the accused communicated while at the same location the body was discovered the same day.

Justice Majanja ruled that Makau communicated with Kipchirchir a few moments before he was shot and killed and failed to prove to the court what his phone was doing at the scene of crime.

His firearm which was also confiscated from him after he was arrested was also taken through a forensic audit with investigators linking the gun to the shooting.

In his defense however, Musila denied that he was involved in the murder and suggested that his wife Chelele could have been the one who shot Kipchirchir, adding that she was the only one who had access to the firearm.

Musila claimed that he had a very strict schedule and was guarding a senior government official.

He told the court that on the day the deceased was killed, the officer he was guarding did not make any trips to Bomet or the Rift Valley and had been involved in meetings in Nairobi.

Musila asked the court to dismiss the case on grounds that the prosecution failed to prove the case and did not bring any eye witnesses to testify against him.

But in his ruling however, Justice Majanja said that his firearm as well as phone records implicated him in the murder.

“When examined alongside the prosecution’s case, I find this defense wanting,” ruled Majanja, adding that the phone records indicated that he was in the same location with deceased.

“I therefore find Erick Musila Makau guilty of the murder of Eliud Kipchirchir Yego… and I convict him accordingly,” said Majanja.

He has 14 days to appeal the judgement even as he awaits judgment in the Chelele murder case.

Chelele, a celebrated musician who was also implicated in the brutal murder of Kipchirchir died before the case was concluded.

Her mutilated body was discovered at her home in Bomet two days after her disappearance on January 7, 2016.

In the suit filed at the Naivasha High Court, 11 witnesses testified in the case implicated Musila in Chelele even as he denied involvement into the killing.

Gladys Chepkemoi a friend to the late musician told the court that she found the deceased and the accused speaking by the roadside on the eve of the murder.

Chepkemoi who was on her way home said that on spotting the two, she told a motorcycle operator to stop briefly so that she could inquire what was going on at around midnight.

“Chelele and Musila were joined by a third person whom I did not know and they all went into a nearby Guest House only to learn the following day that she was missing,” she told the court.

She told of her shock when the body of the musician was two days later found in her house by members of the public.

Another witness Rita Chepng’eno who is also an aunt to the Chelele said that she spotted Musila on the same road at around 3am.

She said that a taxi driver who was ferrying her home refused to stop and give a lift to Musila claiming that the area was dangerous.

Musila will know his fate on May 2 when the court delivers its judgment.