Court of Appeal has released Rael Mayaka, an 80-year-old grandmother who was imprisoned for allegedly gouging out the eyes of her grandson, Baby Sagini.
On Friday, February 2, the court overturned a ruling that had handed the granny a five-year jail term arguing that her case was weak.
According to the judge, the prosecution failed to prove the case.
Justice Kiarie further noted the prosecution did not prove the case beyond reasonable doubt as there was no evidence the accused committed the offence.
Rael filed an appeal within 14 days, while her counterparts did not.
Following her acquittal, Rael was seen happily singing outside the courtroom, expressing her satisfaction with the ruling.
On July 25, 2023, the three accused, the grandmother, baby Sagini's aunt and the cousin, were charged with causing grievous harm to the victim contrary to section 234 of the penal code which attracts a life sentence.
While appearing before Magistrate Christine Ogweno, 12 witnesses pointed out that the three accused were guilty of committing the offence.
“Upon considering the evidence tendered by the prosecution as well as that of the defence, I am persuaded that the prosecution has proven beyond a reasonable doubt, the charges against each of the accused persons," ruled the magistrate.
“There are aggravating circumstances arising from this matter, the minor is not only blind, but he is missing both his eyes," Magistrate Ogweno added.
During their sentencing, the magistrate also stated that the sentencing would allow for a rehabilitation act to avoid such recurrence and further protect the community and family from offenders.
On December 14 2022, baby Sagini was found lying within the homestead with his eyes gouged out.
