Court Finds Baby Sagini's Grandmother, Aunt & Cousin Guilty
The magistrate termed the attack on the minor as barbaric, brutal, savage, and inhuman.
Marvin Chege 
The Kisii Law Courts on Friday, July 7 found three suspects namely Alex Ochogo Maina, Pacificah Nyakerario and Rael Nyakerario who were charged over the gouging out of Baby Sagini's eyes on December 13, 2022, guilty.
Kisii Law Courts Senior Resident Magistrate Christine Ogweno who delivered the judgment stated that the three suspects were deemed guilty of causing grievous harm to the three-year-old boy.
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," Ogweno said.
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
Delivering her verdict in a fully packed court, the judge affirmed that society owes children protection and a good life having failed Sagini.
She went on to reveal 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," added the judge.
The trio will be sentenced on Friday, July 21, 2023. 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 the sentencing.
The court on Thursday, April 6 found that the three had 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.
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.
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.
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