The trial of three relatives accused of gouging baby Junior Sagini’s eyes will commence on March 2 at the Kisii Law Court under strict measures to consider the privacy of the minor.
Alex Maina Ochogo, Rael Nyakerario and Pacificah Nyakerario were charged with unlawfully attempted murder contrary to section 220(a) of the penal code.
The three were charged that between the 13th and 14th day of December 2022 at Ikuruma location, Marani Subcounty within Kisii county, attempted unlawfully to cause the death of Brighton Junior Sagini by gouging out both his eyes contrary to section 220 of the Penal Code.
The boy was found abandoned in a grass plantation by her sister and he was rushed to Kisii eye hospital.
Lawter George Morara who appeared in Court as an interested party representing Kisii County Government successfully made an application for the privacy of the minors before the court.
He cited that in section 16 of the Children Act, child shall not be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her
honor and reputation.
The child has the right to the protection of the law against such interference or attacks.
Morara asked the court on Wednesday to grant Sagini and his sister more time for the psychological procedure to be completed since they are the main witnesses in the case.
“Baby Sagini and his sister underwent psychological torture and they are under depression I plead to the court to grant them more time to heal,” he said.
Morara said on December 21, 2022, an activist infringed on the privacy of the two minors by leaking information that was posted on social media and this is against the Children’s Act.
This prompted many other people including former Nairobi Governor Mike Sonko to share the same on social media against the law.
Nduhukire Anita representing Baby Sagini supported the application.
Prosecutor Hillary Kaino supported the application and also asked the court to supply documents to the accused persons as they wait for pretrial time.
Senior Resident Magistrate Christine Ogweno said that the court has considered the application and privacy of the minors not to be infringed.
The accused persons will appear in court on March 2, 2023 for pre-trial sessions.
Investigations have linked the attack to land tussles in the home.
Sagini was in the line of inheritance of their land which police say was not going down well with some members of the family.