A woman who was jailed for five years for gouging her grandson’s eyes was Friday freed by a Court of Appeal.
Rael Nyakerario, Baby Sagini’s grandmother danced after the court set her free in Kisii.
Justice Waweru Kiarie said prosecution failed to prove the case beyond reasonable doubt
The judge highlighted a weak case, pointing to the witness’ mental challenges and lack of intelligence to provide credible evidence.
The judge further noted that the prosecution’s failure to present an expert witness, particularly a sign language interpreter, further weakened the case.
Nyakerario and her alleged accomplices, Pacifah Nyakerario (baby Sagini’s aunt) and Alex Ochogo (baby Sagini’s cousin), had initially been sentenced to serve five, ten and 40 years behind bars respectively after being found guilty of causing grievous harm to the minor in July 2023.
Kisii Law Courts Senior Resident Magistrate Christine Ogweno who delivered the judgment ruled that the three were found culpable of the gruesome offense.
Out of the three, only Nyakerario opted to file an appeal within the given 14-day period.
The three suspects had on January 18, 2023 been charged with attempted murder which later changed to causing grievous bodily harm according to Section 4 of the Penal Code after Prosecutor Hillary Kaino made an application to the court to amend the charges.
During a virtual cross-examination in March 2023, Sagini said that his grandmother gouged out his eyes using her hands and dumped him at a maize plantation.
Sagini’s sister told the court that on December 13, 2022, they went to the river to fetch water as usual, but Sagini did not turn up since he lost his water jerrican.
She explained how they went on with their daily chores but on the following day, someone told their grandmother that Baby Sagini was found dumped in a maize plantation.
They went to search for him, and later police officers came and took the baby to the hospital to seek medication.
Nyakerario had been jailed for causing grievous harm to a three year old Baby Sagini by gouging out his eyes.
Nyakerario through her lawyer Okerosi Ondieki filed a notice of appeal in the appeal court to have the case reviewed and Nyakerario.
Kiarie sitting in the appeal court said ,the prosecution did not prove the case beyond reasonable doubt to have Nyakerario to have Nyakerario serve five years in prison.
“The prosecution did not prove beyond reasonable doubt to this court on how the evidence provided pointed to the accused person,” said Kiarie.
He said one of the witnesses faced mental challenges to give credible evidence and she was not intelligent enough in her evidence against the accused person.
The court also found out the evidence provided by this witness did not collaborate with other witnesses’ evidence provided in court.
The prosecution also failed to bring an expert witness who was a sign interpreter to interpret what the prosecution witness was saying.
The investigators also did not carry their investigations well to prove to the court the appellant participated in gouging out baby Sagini’s eyes.
Ondieki said justice has been served and Nyakerario is going home to take care of her grandchildren.
Addressing the press, Ondieki asked members of the public to be accommodative and receive Nyakerario in the community as the court has proved she was innocent.
“Thank you God, you have saved me, thank you God!,” said Sagini’s grandmother as she walked out of the court cells.
Nyakerario attributed her release to the power of prayer and thanked God for having heard her cry.
Nyakerario, Pacificah Nyakerario and Alex Ochogo were arrested and charged with grievous harm for gouging out baby Sagini’s eyes on December 14 2022.
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