Kisii Law Courts Convicts Three Accused Persons for Gouging Baby Sagini’s Eyes
Rael Nyakerario, , Pacificah Nyakerario and Alex Maina appeared before Kisii Law Courts photo/Elizabeth Angira
By Elizabeth Angira
Alex Maina Ochogo, Pacificah Nyakerario, and Rael Mayieka, who were charged with gouging baby Brighton Sagini’s eyes, have been convicted by the Kisii Law Courts.
Senior Resident Magistrate Christine Ogweno ruled that the prosecution had successfully proven that the three individuals caused grievous bodily harm to Sagini in Ikuruma village, Marani sub-county, Kisii ounty on December 13 of last year.
Magistrate Ogweno stated that the prosecution had established beyond a reasonable doubt that the three family members were responsible for the harm inflicted on Sagini.
The magistrate will determine their sentences after the prosecution, led by Hilary Kaino, presents a probation report regarding their ages and the welfare of Sagini and his sibling, Shantel Kemunto, who are currently being sheltered at a safe house.
“The prosecution has convincingly demonstrated that the accused committed the offense collectively. I will await the report from the prosecution to guide the sentencing,” ruled Ogweno.
She noted that Maina’s estranged wife, Teresa Nyaboke, testified that he took a knife, went behind her mother’s house, gouged Sagini’s eyes, and then returned to confess the act to his mother.
The magistrate further mentioned that Nyaboke testified that Pacificah and Mayieka assisted Maina, the primary accused, in putting Sagini in a sack and hiding him under her mother’s bed.
“What kind of people are these who put a child in a sack, consume alcohol, and celebrate? It is barbaric, brutal, and I feel the pain that Sagini endured,” stated Ogweno.
Maina is Sagini’s cousin, while Pacificah and Mayieka are his aunt and grandmother, respectively.
Daniel Nyameino, a medic, testified that Sagini’s eye sockets were empty, his eyelids were dark, and he had scratch marks near his eyes and neck, indicating signs of a struggle.
Sagini was discovered abandoned in a maize plantation near Mayieka and Nyakerario’s houses. He was immediately rushed to Kisii Eye Hospital.
Representing Sagini were lawyers George Morara, Davine Biyaki, and Anita Nduhukire, while Kerosi Ondieki, Winston Magara, and Violet Moguche represented the accused.
Morara expressed his satisfaction that justice had been served to four-year-old baby Sagini after a lengthy legal process, a sentiment shared by his colleagues.
He added that the severity of the sentencing would depend on the probation report filed by the prosecution, noting that causing grievous bodily harm could result in a life sentence.
The sentencing of the three individuals is scheduled for July 21 of this year.
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