A Kenyan woman, Lindsay Soila, has filed a case against the Attorney General, the Director of Public Prosecutions (DPP), and Elizabeth Matayan, seeking to revoke Matayan's probation. Soila claims that Matayan was sentenced to 10 years in prison for attacking her and causing permanent blindness, but was instead released on probation without her knowledge or input. Soila's lawyer, Elkana Mogaka, argues that his client was denied her statutory right to be notified and heard on the matter.
According to Soila, Matayan attacked her on September 9, 2023, at Lang'ata Shopping Centre in Nairobi, causing her to suffer permanent and irreversible loss of sight in her left eye. Soila's lawyer alleges that Matayan's actions were a vicious and unprovoked attack, and that his client has been left with a daily reminder of the crime. Soila is seeking to have Matayan returned to prison, arguing that she will suffer if the court does not intervene.
Soila's case before High Court Judge Roselyn Aburili claims that Matayan's sentence was substituted with three years' probation, with a requirement that she undergo six months of anger management counselling. Mogaka argues 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. He claims that the DPP abdicated its constitutional duty to safeguard public interest and victim welfare by permitting an ex-parte release.
The dispute centers on the events of September 9, 2023, when Matayan allegedly attacked Soila and her partner, Amos Andayi Omwenga, at Lang'ata Shopping Centre. Matayan told the court that Omwenga was her boyfriend, while Soila stated that he was her partner. The two had different accounts of the events, with Matayan claiming that Soila broke a glass bottle and Omwenga pushed her, causing her to fall.
In the criminal trial, Matayan was sentenced to 10 years in prison for grievous harm and a fine of Sh 10,000 for malicious damage. Justice Diana Kavedza affirmed the sentence, but it appears that Matayan was released on probation. Soila is seeking to have Matayan barred from approaching, contacting, stalking, threatening, or coming within a radius of one kilometer of her residence or business premises.
Soila expressed pain and trauma from living without an eye, saying that her solace was that Matayan had been punished. She claimed that every day, when she looks in the mirror, she confronts the physical disfigurement and profound trauma inflicted upon her by Matayan. Soila's lawyer argues that his client's rights as a victim have been denied, and that the court should intervene to protect her.
The new case will be mentioned on November 10, 2026. Soila wants Matayan sent back to Langata Women's Prison, claiming that she will suffer if the court does not intervene. She alleges that Matayan has not repented of her sins. The court will have to determine whether a victim has a say in post-sentencing decisions made by the government to either pardon or reduce the sentence of a jailed person.
Key points
- Lindsay Soila seeks to have Elizabeth Matayan returned to prison, arguing her 10-year jail term was substituted with three years' probation without her knowledge or input.
- Soila claims that Matayan's actions caused her permanent and irreversible loss of sight in her left eye.
- The court will have to determine whether a victim has a say in post-sentencing decisions made by the government.
