The Court of Appeal has acquitted baby Sagini’s grandmother, Rael Nyakerario in a case where she was convicted with two others for gauging out his eyes.
In the ruling, Justice Waweru Kiarie cited a weak case on grounds that the witness had mental challenges and was not intelligent enough to give evidence.
Kiarie, said the prosecution failed to bring an expert witness who is a sign language interpreter.
After being convicted for gouging out three year old Baby Sagini’s eyes, Alex Ochogo(cousin) Pacifica Nyakerario (aunt) and Nyakerario have been sentenced to serve years imprisonment for the inhumane act.
While Pacifah Nyakerario and Alex Ochogo, who had received sentences of 10 and 5 years, respectively, did not file an appeal, Rael did within 14 days.
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According to Justice Kiarie, the prosecution did not prove the case beyond a reasonable doubt.
There was insufficient evidence to support the accused's version of events.
The three family members were detained and accused of violating section 234 of the penal code, which carries a life sentence, on December 13 and 14, 2022, by willfully and illegally gouging out Baby Sagini's eyes, causing the victim great damage.
Appearing before court Magistrate Christine Ogweno,the court arrived at the verdict convicting each of the three accused persons for the grievous harm charges.
“I have taken into account their respect ages,27,51 and 80 years, I arrive at the decision that the following would be an appropriate sentence in the circumstances, Alex Ochogo, sentenced to serve 40 years imprisonment, Racificah Nyakerario sentenced to 10 years imprisonment and Rael Nyakerario five years imprisonment,” the magistrate ruled.
During conviction, Evidence provided by the 12 witnesses in this case formed a chain of circumstances that pointed directly to the guilty of the three accused persons and this concludes that it’s the three who committed the offence.
“Upon considering the evidence tendered by the prosecution as well as that of the defense, am persuaded that the prosecution has proven beyond reasonable doubt, the charges against each of the accused persons," Ongweno said
