Blind victim moves to court over release of woman jailed for 10 years

Does a victim have a say in post-sentencing decisions made by the government to either pardon or reduce the sentence of a jailed person?

This is the issue in an intriguing case filed by Lindsay Soila against the Attorney General, the Director of Public Prosecutions (DPP)  and Elizabeth Matayan.

In her case before High Court Judge Roselyn Aburili, Soila seeks to have Matayan returned to prison, arguing she should be ordered back until the end of a 10-year jail term handed down by the magistrate’s court.

Her lawyer, Elkana Mogaka, alleged the sentence has been substituted with three years’ probation, with a requirement that she go for six months of anger management counselling.

He argued that Soila was not notified of the substitution and was not given a chance to contribute to the decision on whether Matayan should be on probation.

“The petitioner who bears permanent blindness as a daily reminder of the crime, was deliberately denied her mandatory statutory right to be notified, served, heard, or allowed to present her fears and objections regarding the release of her attacker. 1st Respondent (ODPP) abdicated its constitutional duty under Article 157(11) to safeguard public interest and victim welfare by permitting an ex-parte release,” argued Mogaka.

Soila wants Matayan sent back to Langata Women’s Prison, claiming that she will suffer if the court does not intervene.

She alleged that Matayan had not repented of her sins. She urged the court to bar her from approaching, contacting, stalking, threatening, or coming within a radius of one (1) kilometre of her residence or her business premises.

“The applicant was the direct, innocent victim of an unprovoked, violent, and horrific criminal rampage perpetrated by the second respondent on September 9, 2023, at Lang’ata Shopping Centre, Nairobi County. Despite emergency surgical interventions across multiple hospitals, the Applicant suffered permanent, total, and irreversible loss of sight in her left eye, permanently altering her life,” Soila’s lawyer said.

At the heart of the dispute is one Amos Andayi Omwenga who Soila stated is her partner. On the other hand, during the criminal trial, Matayan told the court Omwenga was her boyfriend.

She said that on September 9, 2023 at around 1 pm, Omwenga and she were at Langata Shopping Centre buying refreshments at a local establishment.

According to her, their vehicle was parked following alleged mechanical issues.

“Without any warning, provocation, or justification, the second respondent launched a vicious, unprovoked, and savage criminal rampage against us.  She aggressively banged on the vehicle windows with a wooden club and stones, shattering the passenger window right where I was seated,” she stated.

She expressed pain of living without an eye, saying that her solace was that Matayan had been punished.

“Living as a young woman with the permanent loss of an eye is a daily, heart-wrenching reminder of that violent night. Every single day, when I look in the mirror, I confront the physical disfigurement and the profound trauma inflicted upon me by the 2nd Respondent. My youth, my career path, my confidence, and my peace of mind were shattered in a matter of seconds,” claimed Soila.

After being jailed by the magistrate’s court, Matayan appealed.

In the criminal case, Omwenga told the court that on the fateful day, he had invited his girlfriend to join him after leaving work. He narrated that after taking alcohol, he fell asleep only to be awakened by Soila, who was damaging his car.

Omwenga claimed that he tried to intervene, but she allegedly hit him on the head. He said that he had been friends with Matayan.

Matayan told the court that on September 8, 2023, her boyfriend informed her that he would not visit that evening owing to work commitments.

Later, she said, he called and requested that she meet him at the usual liquor store. Upon arriving, the court heard, at 1pm, She found Omwenga’s car parked with its lights.

Matayan added that as she approached the vehicle, she saw Soila at co-driver’s seat. She stated that after knocking on the window and receiving no response, she moved to the driver’s side and woke him up.

It is then, according to her, that a confrontation ensued. She claimed Soila broke a glass bottle while Omwenga pushed her, causing her to fall.

In response, she said she picked a stone and struck him on the head. She denied injuring Soila, adding that she left the scene with the assistance of a boda boda rider.

She told the court that she was forced to write a statement under threat of being denied bail but admitted she destroyed the vehicle and paid Sh 7000 for repairs. She maintained Soila’s injuries were self-inflicted.

Justice Diana Kavedza affirmed the 10 years’ imprisonment for grievous harm and a fine of Sh 10,000 for malicious damage, failure to which she would serve six months.

 The new case will be mentioned on November 10,2026.