A High Court in Kisii on Friday acquitted Baby Sagini's grandmother Rael Nyakerario, effectively quashing her five-year jail sentence for gouging her grandson’s eyes.
Nyakerario was all joy after the court set her free.
Justice Waweru Kiarie said the Prosecution failed to prove the case beyond reasonable doubt.
The judge summarised the case as weak, pointing to a witness' mental challenges and lack of intelligence to provide credible evidence.
The judge said the prosecution's failure to present an expert witness, particularly a sign language interpreter, further weakened the case.
Nyakarario and her alleged accomplices, Pacifah Nyakerario (baby Sagini's aunt) and Alex Ochogo (baby Sagini's cousin) had initially been sentenced to serve five, 10 and 40 years respectively after being found guilty of causing grievous harm to the minor in July 2023.
They were arrested and charged with grievous harm for gouging out Baby Sagini's eyes on December 14, 2022.
Kisii Law Courts Senior Resident Magistrate Christine Ogweno who delivered the judgment ruled that the three were found culpable of the gruesome offense.
Out of the three, only Nyakarario opted to file an appeal within the given 14-day period.
The three suspects had on January 18, 2023, been charged with attempted murder which was later changed to causing grievous bodily harm contrary to Section 4 of the Penal Code after Prosecutor Hillary Kaino made an application to the court to amend the charges.
During a virtual cross-examination in March 2023, Sagini said his grandmother gouged out his eyes using her hands and dumped him at a maize plantation.
Sagini's sister told the court that on December 13, 2022, they went to the river to fetch water as usual, but Sagini did not turn up since he lost his water jerrycan.
She explained how they went on with their daily chores but on the following day, someone told their grandmother that Baby Sagini was found dumped in a maize plantation.
They went to search for him and later police officers came and took the baby to the hospital to seek medication.
Nyakerario through her lawyer Okerosi Ondieki appealed the decision to have her conviction and sentencing reviewed.
Justice Kiarie said the Prosecution did not prove the case beyond reasonable doubt to warrant Nyakerario's five-year sentence.
“The Prosecution did not prove beyond reasonable doubt to this court on how the evidence provided pointed to the accused person,” Kiarie said.
He said one of the witnesses faced mental challenges to give credible evidence and she was not intelligent enough in her evidence against the accused person.
The court also found out the evidence provided by the witness did not collaborate with other witnesses' evidence provided in court.
The court also noted that the Prosecution failed to bring an expert witness, a sign language interpreter, to interpret what the Prosecution witness was saying.
The court further said investigators failed to conduct their investigations well to prove to the court that the appellant participated in gouging out Baby Sagini’s eyes.
Lawyer Ondieki said justice had been served and Nyakerario is going home to take care of her grandchildren.
Addressing the press, Ondieki asked the public to be accommodative and receive Nyakerario in the community as the court has proven her innocence.
“Thank you God, you have saved me, thank you God,” Sagini’s grandmother said as she walked out of the court cells.
Nyakerario attributed her release to the power of prayer and thanked God for having heard her cry.