Alex, Pacificah and Rael imprisoned 40, 10 and 5 years respectively for Gouging out Baby Sagini’s Eyes
The Mt Kenya Times 
Senior Resident Magistrate Christine Ogweno at Kisii Law Courts. Photo /Elizabeth Angira
By Elizabeth Angira
Worth Noting:
- Sagini was found dumped at a maize plantation near Mayieka and Nyakerario’s houses. He was rushed to Kisii Eye hospital
- Senior Resident Magistrate, Christine Ogweno ruled the prosecution had proved the trio caused grievous bodily harm contrary to section 234 of the penal code to Sagini at Ikuruma village, Marani Sub County, Kisii County on December 13 last year.
- She said the prosecution had proved beyond reasonable doubt the three family members caused the harm to Sagini, 3, last year.
- The community viewed Alex as pathological liar, a notorious thief and a drug addict. The family considered Pacificah as troublesome, violent and abusive.
Alex Ochogo Maina, Pacificah Nyakerario and Rael Nyakerario have been sentenced 40, 10 and 5 years imprisonment respectively having been found guilty of gouging out baby Sagini’s eyes.
The three accused persons appeared before Kisii Law Courts have been found guilty for having committed the offence of grievous bodily harm.
Maina 37 is a cousin to Sagini while Pacificah 51 and Rael 80 are his aunt and grandmother respectively.
Particulars of the Offence
Sagini was found dumped at a maize plantation near Mayieka and Nyakerario’s houses. He was rushed to Kisii Eye hospital
Senior Resident Magistrate, Christine Ogweno ruled the prosecution had proved the trio caused grievous bodily harm contrary to section 234 of the penal code to Sagini at Ikuruma village, Marani Sub County, Kisii County on December 13 last year.
She said the prosecution had proved beyond reasonable doubt the three family members caused the harm to Sagini, 3, last year.
The community viewed Alex as pathological liar, a notorious thief and a drug addict.
The family considered Pacificah as troublesome, violent and abusive.
The community viewed Rael as she engages in excessive alcohol and drug abuse.
During the cross examination Sagini told the Court that his grandmother Real gouged out his eyes using her hands and dumped him at maize plantation.
Sister Sagini told the Court that they went to the river to fetch water as usual, whereby Sagini did not turned up since he lost water jerrican.
Maina’s estranged wife, Teresa Nyaboke testified that Maina took a knife, went behind her mother’s house, gouged the eyes, returned and confessed to her mother about it.
Nyaboke further told the court Pacificah and Mayieka assisted Maina, the first accused to put Sagini in a sack and hid him under her mother’s bed
Daniel Nyameino, a medic told the court Sagini’s sockets were empty, eyelids dark and had scratch marks near his eyes and neck, a sign that there was a struggle.
Prosecution
Hillary Kaino prosecutor told the Court that the offence calls for the sentence that is proportionate to the consequences of the offence which is maim and total blindness.
Kaino said that the offence call for deterrent sentence considering the aggravating circumstances of the offence.
He further told the court that the accused persons committed the offence using dangerous weapon and inflicted serious physical and psychological effect on the victim.
Kaino stated that the offence targeted a 3 year old child who is a vulnerable person, without any provocation and the offence having been committed by family members who abused their position of care and trust.
Defence
Winston Morara presenting the accused persons argued that , the accused persons have no any criminal records and asked the court to consider lenient sentence for the accused persons that will ensure that they are rehabilitated , considering their respective ages, their poor family background and the fact that a harsh sentence would be a kin to wiping out an entire generation from the grandmother to the grandson.
Call for stiff and deterrent sentence
Counsels watched for the brief of the County government of Kisii, the Law Society of Kenya and the Victim, Mr George Morara,Ms Anita Ndhuhukire and Daphine Biyaki called for a stiff and deterrent sentence considering that the child will never see again.
They urged the court to sound loudly a sentence that will be in the best interests of the child , as enshrined under Article 53 of the constitution of Kenya 2010, not only for Baby Sagini but for all children.
The Court having considered the detailed pre sentencing reports together with the social inquiry reports filed by the probation report, and having sat through trial it understood the nature and circumstances of the matter section 234 of the penal code it provides that any person who unlawfully does grievous harm to another is guilty of a felony and is liable to imprisonment for life.
Sentencing
According to the court having taken further into consideration the sentiments of the victim baby sagini he has undergone treatment for the injuries sustained he has been said that he will need to learn a totally new way of life, different from other children , due to his current incapacitation.
The mother has been left tormented due to the pain caused to his son who is now totally blind, a condition that cannot be reversed.
It is said that a mere mention of the Pacificah Nyakerario’s name jolts the minor to walk away. The families cries for justice.
According to the court the minor will require aid throughout his life. He will need to attend a special school and depend on specialized equipment for the blind. It is said that he cannot pursue a particular profession in future as he cannot see .It is indeed tragic.
The effects of the actions of the three accused persons are grave to say the least. The consequences of their actions are severe. The is not enough that this court can do to restore the victim to a state as near to who he was , before the unfortunate and tragic events of December 13th- 14th December 2022.
However the court can only assert itself in the kind of sentence befitting in the circumstances ,while doing so , the court recognizes that the accused persons , though convicted , are still entitled to a human sentence to help in their own rehabilitation , even if they failed to accord the victim the same humane treatment.
In doing so the court considers the role played particularly by each three offenders. The minor lost his eyes and eyesight at the hands of his cousin, Alex Maina Ochogo .
Imprisonment
Rael Nyakerario and Pacificah Nyakerario’s personal involvement was after the fact . The court extensively discussed this in its judgment .They were aiders and abettors, whereas the outcome of their actions, looked at in totality, arrives at the same result, their limited role in the commission of the offence , I believed should be taken into consideration.
The community attitude and the pre-sentencing report remains unfavorable towards Pacificah, the case is different for the Rael Nyakerario who took care of the victim and his sister while the mother struggled to make ends meet away from their home.
The court said that having taken into consideration their respective age 51 and 80 years and they are senior citizens.
The magistrate said that in doing so and taking into consideration the discourse , I arrived at the decision that the accused persons would be given appropriate sentences , Alex forty years, Pacificah 10 and Rael 5 years imprisonment.
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