The decision by Kisii High Court to quash Rael Nyakerario’s five-year sentence for gouging out Baby Sagini's eyes has caused mixed reactions on social media with netizens weighing in.
Why High Court acquitted Rael Nyakerario who was accused of gouging out Baby Sagini's eyes
Rael Nyakerario freed after High Court quashed her five-year sentence for gouging out Baby Sagini's eyes
While quashing the sentence handed to the 80-year-old, High Court Judge Kiarie Waweru noted that the prosecution failed to bring an expert witness who was a sign interpreter to interpret what the prosecution witness was saying.
The judge noted that lack of an expert witness, particularly a sign language interpreter, weakened the case.
"Without material evidence to collaborate her evidence, it was unsafe to rely on her evidence to convict the appellant…The appellant's conviction is therefore quashed and the sentence is set aside. She is set at liberty unless, if otherwise, lawfully held." The Judge ruled.
She celebrated her freedom, noting that is through prayers that she successfully appealed the sentence.
Three suspects sentenced
Rael who was the third accused was found guilty in an earlier ruling by Kisii Law Court Senior Resident Magistrate Christine Ogweno alongside two others.
27-year-old Alex Ochoga, 27 who was the main offender was convicted to serve 40 years in prison with the minor’s aunt Pacifica Nyakerario, 51 is serving 10 years in prison slapped with 10 years in prison.
Rael opted to appeal the ruling while the others began serving their jail terms.
Well-wishers rally behind Baby Sagini as calls for justice dominate
Baby Sagini’s plight hit headlines in 2022 shortly after her harrowing ordeal with well-wishers coming out to support as the public demanded justice.
Former Nairobi Governor Mike Sonko who volunteered to help Baby Sagini who was three years old at the time to get eye transplants in China.
“We have been trying to reach out to the family of Baby Sagini to take him to a private hospital in Nairobi in vain.
"We had contacted a Chinese eye facility; Dennis Lam Eye Hospital which conducts successful eye implants and linked us with a Kenyan hospital to take the boy for a check-up and report but we have failed to get him,” Sonko stated at the time.
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