Court of Appeal Quashes Baby Sagini’s Grandmother’s Five Year Sentence

Rael Mayaka Nyakerario, 80, who had been jailed for five years after being convicted of gouging out her grandson’s eyes has been acquitted.

The Court said the prosecution failed to prove the case beyond reasonable doubt

Justice Waweru Kiarie concluded that the prosecution did not prove the case beyond reasonable doubt 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 Waweru.

In his judgment, Justice Kiarie noted that one of the witnesses faced mental challenges to give credible evidence adding that the witness 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 language interpreter.

The investigators also did not carry their investigations well to prove to the court the appellant participated in gouging out baby Sagini’s eyes.

The appellant’s lawyer Okerosi Ondieki said justice has been served and Nyakerario is going home to take care of her grandchildren.

Ondieki asked members of the public to be accommodative and receive Nyakerario in the community as the court has proved that 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.

Rael Nyakerario, together with Pacificah Nyakerario and Alex Ochogo were arrested and charged with grievous harm for gouging out baby Sagini’s eyes on December 14, 2022.