KISII, Kenya, Feb 2 – The Court of Appeal has acquitted baby Sagini’s grandmother in a case where she was convicted with two others for gauging out his eyes.
The ruling by Justice Waweru Kiarie cited a weak case on grounds that the witness had mental challenges and was not intelligent enough to give evidence.
According to justice Kiarie, 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 Rael Nyakerario(grandmother) have been sentenced to serve years imprisonment for the inhumane act.
Rael filed a notice of appeal within 14 days while Pacifah Nyakerario and Alex Ochogo who had been sentenced to 10 years and 5 years respectively did not appeal.
Justice Kiarie said prosecution did not prove the case beyond reasonable doubt
There was no evidence painting to the accused person as having committed the offence.
The three family members were arrested and charged on the particulars that on the 13th and 14th of December,2022, they unlawfully and willingly gouged out Baby Sagini’s eyes causing grievous harm to the victim contrary to section 234 of the penal code which attracts a life sentence.
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
In her judgement, Ogweno quoted the 44th president of the US Barack Obama’s words” We cannot stop every act of senseless violence. we cannot know every evil that lurks in troubled minds if we can prevent even one tragedy like this, save even of life, spare other families what these families are going through, certainly we’ve got an obligation to try,”
Ogweno said, this was not an ordinary case, this was a case marred with several challenges, the victim was of a tender age and was rendered blind in the course of commission of the offence. This was an offence that was committed within a family set up and a family homestead.
“His family will have to deal with all these daunting challenges that come with a person visual challenge. He needs to learn to walk again without vision and recognize his senses to adapt to his new circumstances,” said the court Magistrate.
