Baby Sagini Torture: Court Rules On 3 Suspects Including Grandmother
The court on Thursday, April 6 found that the three have a case to answer and directed the matter to proceed to a defence hearing, coming after the three were charged with grievous harm.
Elizabeth Angira 
The Kisii Law Courts has found sufficient evidence of Alex Ochogo Maina, Pacificah Nyakerario and Rael Nyakerario who were charged over the gouging out of Baby Sagini's eyes on December 13, 2022.
The court on Thursday, April 6 found that the three have a case to answer and directed the matter to proceed to a defence hearing, coming after the three were charged with grievous harm.
Previously the three accused persons that include Sagini's grandmother Rael Nyakerario were charged with attempted murder and the office of the Director of Public Prosecutions (ODPP) requested the court to amend the charges of attempted murder to grievous bodily harm according to Section 4 of the Penal Code.
Alex Ochogo Maina, Pacificah Nyakerario and Rael Nyakerario in court over the gouging out of Baby Sagini's eyes on April 6, 2023. /VIRALTEAKE.ELIZABETH ANGIRA
Further, the Court requested that the trio defend themselves after they asked the court to give their testimony under oath, even though they do not have any witnesses to present in the court.
The court fixed the defence hearing on Friday, April, 28 when the trio will defend themselves. The matter proceeded before Senior Resident Magistrate Christine Ogweno.
Ogweno stated that having considered all the evidence of the ten witnesses, oral submission and being cross-examined by the prosecutor, the court found that the three have a case to answer and will proceed for a defence hearing before the court.
During cross-examination at Kisii Law Courts on Friday, March 10, Sagini alleged that his grandmother, Rael Nyakerario Mayaka, gouged out his eyes using his hands and dumped him at a maize plantation.
Sister Sagini told the court that on that fateful day, they went to the river to fetch water as usual, but Sagini did not turn up since he lost a water jerrican.
She added that they went on with their daily chores, only for one of the residents to inform their grandmother the following day that Baby Sagini had been dumped on the plantation.
The minor further noted that her grandmother chased her away but was unable to stop her. They went to search for him, and later police officers arrived to take Sagini to the hospital for medical attention.
Daniel Nyameino, a clinician at the Kisii Teaching and Referral Hospital, further revealed during the cross-examination that he received a medical report dated December 29, 2022 from Rioma Station regarding Baby Sagini, further examining that he was assaulted by unknown people between December 13-14, 2022.
He added that Baby Sagini had scratch marks which might have been caused by more than one person as well as severe injuries. According to him, the eyes were gouged out, the eyelids darkened and there was leakage like an ointment from the eyes.
Furthermore, Sagini had separated eyelids and mounted a bandage on the eyes. The medical officer further disclosed that he had bluish below the right eye which was one centimetre long and scratch marks on the neck.
Nyameino further told the court that the injuries were a result of a sharp object. Baby Sagini was transferred to Kisii Eye Hospital for further medication and upon examination of his eyelids, he was recommended to be taken to a blind school as his eyes were permanently damaged.
Josephine Karimi, the caregiver, told the court that the minors have improved from the status they were at first. According to him, they underwent psychosocial support and improved from the torture they were subjected to.
She also told the court that the children were also violent, using abusive language that showed that they were in a violent family.
