Surprise twist as court frees Baby Sagini's grandmother who was accused of gouging out his eyes

The Court of Appeal has exonerated Rael Nyakarario the elderly woman implicated alongside two others in the case involving the gouging out of her grandson Baby Sagini's eyes in Kisii in 2022.

Justice Waweru Kiarie, in the ruling, highlighted a weak case, pointing to the witness' mental challenges and lack of intelligence to provide credible evidence.

She further noted that the prosecution's failure to present an expert witness, particularly a sign language interpreter, further weakened the case.

Nyakarario and her alleged accomplices, Pacifah Nyakerario (baby Sagini's aunt) and Alex Ochogo (baby Sagini's cousin), had initially been sentenced to serve five, ten and 40 years behind bars respectively after being found guilty of causing grievous harm to the minor in July 2023.

Kisii Law Courts Senior Resident Magistrate Christine Ogweno who delivered the judgment ruled that the three were found culpable of the gruesome offense.

Out of the three, only Nyakarario opted to file an appeal within the given 14-day period.

The three suspects had on January 18, 2023 been charged with attempted murder which later changed to causing grievous bodily harm according to Section 4 of the Penal Code after Prosecutor Hillary Kaino made an application to the court to amend the charges.

During a virtual cross-examination in March 2023, Sagini said that his grandmother gouged out his eyes using her hands and dumped him at a maize plantation.

Sagini's sister told the court that on December 13, 2022, they went to the river to fetch water as usual, but Sagini did not turn up since he lost his water jerrican.

She explained how they went on with their daily chores but on the following day, someone told their grandmother that Baby Sagini was found dumped in a maize plantation.

They went to search for him, and later police officers came and took the baby to the hospital to seek medication.