A Kisii court has acquitted Rael Mayieka who was convicted for five years alongside Alex Maina Ochogo and Pacificah Nyakerario for causing grievous bodily harm to Baby Brighton Sagini after a successful appeal by her lawyer, Kerosi Ondieki.
Ondieki noted that Justice Kiarie Waweru, who freed her said she was not involved in the gouging out of Baby Sagini’s eyes and was only linked by a witness who had a mental challenge.
The lawyer said the evidence of the witness could not be corroborated and the investigation officers never conducted the probe properly.
“The accused is now free and we are going to organize how she will be reintegrated into the community,” Kerosi told the press at Kisii Law Courts.
He appealed to investigation officers to conduct a thorough probe to avoid subjecting innocent people to such suffering which could force members of the public to lynch them.
Kerosi said the accused loved the child and was the one who was to perpetuate her lineage, stressing, that she could not have taken part in subjecting him to such torture.
The lawyer said no expert testified to show that she took part in the gouging of the eyes and there was no compelling evidence to link her to the crime.
“One witness alluded that she assisted the offenders but it could not be proved by the witness who testified against her,” Kerosi said.
He appealed to members of the community to embrace Nyakerario, 80, noting the court has proved that she never committed the crime.
Nyakerario, accompanied by relatives, thanked the court and the lawyer for freeing her from prison, noting she was set to restart her life despite being alone.
“God has helped me. I will go home. I have no children. Sagini was my grandchild. He is away,” Nyakerario said.
In July last year, Senior Resident Magistrate, Christine Ogweno found Maina, Pacificah and Nyakerario guilty and jailed them for 40 years, 10 years and 5 years respectively.
