Court Frees Grandmother Jailed For Gouging Out Baby Sagini's Eyes
On Friday, February 2, the court overturned a ruling that had imposed the five-year jail term on her, arguing that the case was weak.
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The Court of Appeal has acquitted Rael Nyakerario, Baby Sagini's 80-year-old grandmother, who was sentenced to five years in prison for allegedly gouging out the eyes of her grandson.
On Friday, February 2, the court overturned a ruling that had imposed the five-year jail term on her, arguing that the case was weak.
While acquitting Rael, Justice Kiarie Waweru cited the prosecution’s failure to prove the case beyond reasonable doubt, adding that there was no evidence to show that the convict committed the offence as she had been charged.
Rael had filed an appeal which she did within 14 days while her counterparts sentenced to 10 years and 5 years respectively did not do so.
Alex Ochogo Maina, Pacificah Nyakerario and Rael Nyakerario in court over the gouging out of Baby Sagini's eyes on April 6, 2023. /VIRAL TEA KE.ELIZABETH ANGIRA
Following her acquittal, Rael could be seen happily singing outside the courtroom, expressing her satisfaction with the ruling.
Rael was slapped with the jail term on July 24, 2023, alongside Alex Ochogo Maina, Baby Sagini's cousin and Pacificah Nyakerario, Sagini's aunt, after the three were on July 7, 2023, found guilty of causing grievous harm to the three-year-old boy.
Kisii Law Courts Senior Resident Magistrate Christine Ogweno had termed the attack on Sagini as barbaric, brutal, savage, and inhuman.
"There's so much he (Sagini) will never see again. One wonders what kind of people these were, who were so heartless to gouge out a child's eyes, put them in a sack and under the bed," Ogweno said.
Delivering her verdict in a fully packed court, the judge affirmed that society owes children protection and a good life having failed Sagini.
She went on to reveal that the minor endured pain and will have to live with pain due to the injury that has deprived him of his vision.
Section 234 of the Penal Code provides that anyone convicted of the offence of causing grievous harm is liable to a maximum of life imprisonment.
A conviction for the offence attracts between 10 years in jail and life imprisonment, which was the case in the sentencing of Alex Maina. The jail term depends on the degree of injuries caused.
The court on Thursday, April 6 found that the three had a case to answer and directed the matter to proceed to a defence hearing, coming after the three were charged with grievous harm.
Previously the three accused persons including Rael were charged with attempted murder and the office of the Director of Public Prosecutions (ODPP) requested the court to amend the charges of attempted murder to grievous bodily harm according to Section 4 of the Penal Code.
