The Kisii Court Justice Waweru Kiarie has acquitted Rael Nyakerario in the case involving the gouging out of her grandson Baby Sagini’s eyes in December 2022.
According to Justice Kiarie, the prosecution presented a weak case adding that the witness presented had mental challenges and was not intelligent enough to give evidence.
The 80-year-old granny was convicted alongside baby Sagini’s cousin Alex Ochogo and aunt Pacifica Nyakerario for unlawfully and willingly gouging out Baby Sagini’s eyes between the 13th and 14th of December,2022 causing grievous harm to the victim contrary to section 234 of the penal code which attracts a life sentence.
Rael filed an appeal within 14 days, while her co-accused did not.
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 decide 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 their sentencing, the magistrate also stated that the sentencing would allow for a rehabilitation act to avoid such recurrence and further protect the community and family from offenders.
On December 14 2022, baby Sagini was found lying within the homestead with his eyes gouged out.