Kisii Court quashes five-year jail term for suspect in Baby Sagini's case
National
By
Eric Abuga
| Feb 03, 2024
Kisii High Court has quashed five-year jail term set on Rael Nyakerario, suspect accused of having gouged Baby Sagini's eyes.
High Court Judge Kiarie Waweru said 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.
Kisii Law Court Senior Resident Magistrate Christine Ogweno had to delivered the judgment to convict the appellant in January 18, 2023.
Rael, 80 who was the third accused and the ="https://www.standardmedia.co.ke/farmkenya/article/2001463629/second-suspect-in-baby-sagini-incident-arrested">grandmother to the victim< was to serve five years.
The main offender in the case, Alex Ochoga, 27, was convicted to serve 40 years in prison for gouging out the baby’s eyes.
The minor’s aunt who was the second accused; Pacifica Nyakerario, 51 is serving 10 years in prison.
Out of the three, only Nyakarario opted to file an appeal within the given 14-day period.
="https://www.standardmedia.co.ke/national/article/2001477957/baby-sagini-suspect-handed-40-years-in-jail#google_vignette">Judge Waweru said<; "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 said no evidence was produced to support the charge against the appellant and none was adduced to prove the offence of an accessory after the fact.
"Without material evidence to collaborate her evidence, it was unsafe to rely on her evidence to convict the appellant."
Nyakerario through her awyer Okerosi Ondieki filed a notice of appeal in the High Court.
Ondieki asked members of the public to accept the grandmother back home adding that justice had finally been served.
Rael said it was through prayers that the courts set her free.