Grandmother Accused of Eye Gouging Walks Free: Shocking Court Twist in Baby Sagini Case
The Court of Appeal has cleared Rael Nyakarario, the elderly woman who was accused, along with two others, in the 2022 case related to the removal of her grandson Baby Sagini’s eyes in Kisii.
In the verdict, Justice Waweru Kiarie emphasized the fragility of the case, citing the mental difficulties of the witness and their inability to offer reliable evidence due to a lack of intelligence.
She additionally observed that the case was further undermined by the prosecution’s omission of an expert witness, specifically a sign language interpreter.
Nyakarario, along with her accused partners, Pacifah Nyakerario (baby Sagini’s aunt) and Alex Ochogo (baby Sagini’s cousin), were initially given sentences of five, ten, and 40 years in prison, respectively. This followed their conviction for causing serious harm to the minor in July 2023.
Senior Resident Magistrate Christine Ogweno, presiding over the Kisii Law Courts, pronounced in her verdict that the three individuals were deemed responsible for the heinous crime.
Among the three individuals, Nyakarario was the sole individual who chose to submit an appeal within the provided 14-day timeframe.
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On January 18, 2023, the three individuals were initially accused of attempted murder. However, the charges were subsequently modified to cause serious bodily harm under Section 4 of the Penal Code. This adjustment occurred following a request by Prosecutor Hillary Kaino to amend the charges.
In a virtual cross-examination held in March 2023, Sagini recounted that his grandmother had forcefully removed his eyes with her hands and abandoned him in a cornfield.
Sagini’s sister informed the court that on December 13, 2022, they followed their routine of going to the river to collect water. However, Sagini was absent because he had misplaced his water container.
She described how they carried out their routine tasks, but the next day, someone informed their grandmother that Baby Sagini had been discovered abandoned in a maize field.
They embarked on a quest to find him, and subsequently, law enforcement arrived and transported the infant to the hospital for medical attention.
Grandmother Accused of Eye Gouging Walks Free: Shocking Court Twist in Baby Sagini Case
