Court of appeal has acquitted baby Sagini’s 80 year old grandmother Rael Nyakerario, after the prosecution failed to prove the case beyond reasonable doubt.
Nyakerario had been sentenced to five years in prison for causing grievous harm to three year old Baby Sagini by gouging out his eyes.
Nyakerario, through his lawyer Okerosi Ondieki appealed the conviction, asserting that the prosecution’s evidence was insufficient.
Justice Waweru Kiarie, presiding over the appeal court, concurred, stating that the prosecution did not meet the required burden of proof.
In the Judgment Waweru noted challnges with one witness who faced mental health issues, casting doubt on the credibility of their evidence.
Additionally, the lack of collaboration between witness testimonies and the absence of a sign language interpreter for a prosecution witness further weakened the case.
The court further criticized the investigating officers for inadequacies in executing their duties, failing to conclusively prove Nyakerario’s involvement in the incident.
The appellant’s lawyer Okerosi Ondieki expressed satisfaction that justice had been served.
Ondieki appealed to the public to welcome Nyakerario back into the community, emphasizing her proven innocence by the appellate court.Nyakerario attributed her release to the power of prayer and expressed gratitude to God for hearing her plea.
Rael Nyakerario,Pacificah Nyakerario and Alex Ochogo were arrested and charged with grievous harm for gouging out baby sagini’s eyes on December 14 2022.