Machakos High Court Reopens 10-Year-Old Murder Case Involving Former Insurance Official

Machakos, Kenya — In a significant development, the Machakos High Court has granted an application by the State to reopen the hearing of a long-standing murder case involving Evans Masaku Kasyoki, a former insurance official accused of killing his nephew, Eric Makau, in 2014. The case, which has dragged on for nearly a decade, revolves around allegations that Kasyoki murdered Makau to claim a Ksh 9 million insurance payout.

Kasyoki was initially charged in 2014 with the murder of his 27-year-old nephew, Eric Makau, after allegedly forging documents and enrolling Makau in a life insurance policy, naming himself as the beneficiary. The deceased was found murdered in a thicket near his parents’ home in Mbilini village, Kangundo, in March 2014. A postmortem revealed that Makau had suffered a severe head injury inflicted by a blunt object. Call data placed Kasyoki and Makau at the same location on the night of the murder.

The case, which has seen nine different state counsels handling it over the years, was prematurely closed due to what the prosecution described as unintended misstatements regarding the number of witnesses. However, in February 2024, the prosecution filed a notice of motion seeking to reopen the case to include testimonies from two senior bank employees, believed to be crucial for delivering justice.

On Wednesday, Justice Francis Olel, presiding over the case, allowed the Director of Public Prosecutions (DPP) to call the additional witnesses. Justice Olel emphasized that the court had the authority to summon witnesses at any stage of the trial, provided it did not violate the rights of the accused. “I find that the prosecution’s application dated February 14th, 2024, is merited and is allowed. The prosecution case is hereby reopened,” stated Justice Olel.

The accused, Evans Kasyoki, opposed the application, claiming it was a ploy by the prosecution to delay judgment. However, Justice Olel directed the prosecution to serve Kasyoki with witness statements, copies of exhibits, and a list of documents in good time before the new witnesses testify. Kasyoki, who had been released on bail, was ordered to post Ksh 3 million or a surety of a similar amount. Failure to raise the amount would result in his custody until October 29.

Kasyoki’s arrest was notably triggered by a Citizen TV expose titled “#MurderForProfit,” which led to his apprehension at Thika Road Mall (TRM) after being spotted by members of the public. The expose revealed that Makau, who was jobless, had two life insurance policies worth a total of Ksh 9 million, with Kasyoki listed as the beneficiary.

The case is documented as Republic v Kasyoki alias Kidero (Criminal Case 21 of 2018) [2023] KEHC 23683 (KLR), with the ruling made by Justice Francis Rayola Olel on October 18, 2023. In his ruling, Justice Olel noted that the prosecution had established a prima facie case against Kasyoki, warranting the accused to be placed on his defense.

“The prosecution has established a prima facie case for the purposes of finding that the accused has a case to answer,” Justice Olel concluded, ordering Kasyoki to present his defense.

This reopening marks a pivotal moment in the pursuit of justice for Eric Makau, with hopes that the additional testimonies will provide the necessary clarity to conclude this protracted legal battle.