Baby Sagini: Court finds grandmother, aunt and cousin guilty of gouging out his eyes
Sentencing for Alex Maina Ochogo (Sagini’s cousin), the main suspect, Pacificah Nyakerario (aunt) and Rael Mayaka (grandmother) will be done at a later date.
A court sitting in Kisii has found three family members guilty of gouging out baby Junior Sagini's eyes.
Pronouncing herself, Senior Resident Magistrate Christine Ogweno said Alex Maina (Sagini's cousin), Pacifica Nyakerario (aunt) and Rael Mayaka (grandmother) will be sentenced on July 21, 2023.
The trio was found guilty of causing the three-year-old boy grievous harm.
The magistrate termed the attack on the minor as barbaric, brutal, savage, and inhuman.
"There's so much he (Sagini) will never see again. One wonders what kind of people these were, who were so heartless to gouge out a child's eyes, put them in a sack and under the bed," Ms Ogweno said.
Delivering her verdict in a fully packed court, Ms Ogweno said that society owes children protection and a good life.
"Society failed Baby Sagini, " she said, adding that the minor endured pain and will have to live with pain due to the injury that has deprived him of his vision.
"This court hopes that this perseverance leads him to a bright future," Ms Ogweno said.
The court's decision gives the child hope that justice will be served after all.
Section 234 of the Penal Code provides that anyone convicted of the offence of causing grievous harm is liable to a maximum of life imprisonment.
A conviction for the offence attracts between 10 years in jail and life imprisonment. The jail term depends on the degree of injuries caused.
A probation report will also be provided to the court before sentencing.
Young Brighton Junior Sagini whose eyes were gouged out in the most gruesome manner. Doctors have informed them that young Junior Sagini, the victim of the horrendous attack, will remain blind for the rest of his life.
Baby Sagini was attacked on December 13, 2022, at their home in Ikuruma in Marani sub-county. The attackers gouged out his eyes, sparking outrage in the country and elsewhere in the globe.
In the opinion of medical experts, Baby Sagini will not recover his sight as there is no known medical method capable of getting him his vision back.
In the submission of Prosecutor Hillary Kaino, Alex Maina Ochogo (Sagini’s cousin) was listed as the main suspect.
The three family members were charged with the offence of Grievous Harm contrary to section 234 of the Penal Code. The prosecution marshaled 12 witnesses in support of the case.
For the accused to be convicted of the offence, the prosecution has to prove beyond reasonable doubt that the victim sustained grievous harm; the harm was caused unlawfully; and the accused caused or participated in causing the grievous harm.
The Magistrate said the prosecution had proven beyond reasonable doubt the charge of grievous harm, noting that they maimed an innocent child.
“The second element requires proof that the injury sustained by the complainant was caused unlawfully. This means that the same was without legal justification or excuse. Was there any defence raised by the accused justifying their actions? Any self-defence, provocation raised? No such was raised and we concluded that there was no justification in gouging out the eyes of the hapless minor,” said the prosecutor in his submission.
On the key issue for consideration as to whether the accused caused or participated in the offence, Mr Kaino said they relied on direct and circumstantial evidence. The said evidence is gleaned from the record.
One of the key witnesses is Ochogo’s girlfriend who is under witness protection.
“She was at the scene on the fateful day. She was known to the accused and described them by their names. She had lived with the first accused (Ochogo) and was in an on-and-off romantic relationship. She placed all the accused persons at the scene. She testified at the scene and gave a graphic account of the day’s happenings including how the eyes were gouged out using a knife and the subsequent placing of the complainant in a gunny back by the accused,” Mr Kaino said in his submission.
He added, “She described how the victim was taken and placed under the bed in the second accused' (Nyakerario) house. She vividly pointed out to the court how each act culminating in the removal of the eyes was masterminded. Of note, she described and pointed out where the incident happened and where the minor was subsequently found.”
In her evidence, baby Sagini’s caregiver described how the three-year-old boy was traumatised when she first came into contact with him, including the injuries he had. He was apparently a tormented child who faced torrents of abuse.
In his testimony, Baby Sagini categorically testified that the third accused, his grandmother (Mayaka), removed his eyes.
The testimonies of the witnesses including Sagini’s sister, Shantel Kemunto, placed the three accused persons at the scene.
“We are of the view that the second accused (Nyakerario) left the scene well after the incident. She was in fact running away. For the first accused (Ochogo), his defense was incredible. His shifty demeanor in court betrayed him. His co-accused placed him at the scene. The fact that he was at a construction site was not believable,” said Mr Kaino.
The convicted trio, the court said, will be sentenced on July 21, 2023 at 10am.
