A court sitting in Kisii ruled Thursday three accused persons who were charged for gouging out three-year-old baby Junior Sagini’s eyes have a case to answer.
The senior Principal Magistrate’s court concluded Rael Nyakerario (grandmother) Pacificah Nyakerario (aunt) and Alex Ochogo (cousin) to baby Sagini has a case to answer for causing grievous harm to him.
Magistrate Christine Ogweno ruled following the evidence which was adduced in court by Sagini and other nine other witnesses, submissions filed by defense and prosecution counsel and witness cross-examination to provide sufficient evidence for the accused persons to face a defense trial.
“Following sufficient evidence provided herein from witnesses’ statements, cross-examination of the witnesses and submissions from the defense and prosecution counsel this court finds you answerable to the charge of causing grievous harm to the victim by gouging out his eyes,” said the magistrate.
The three will face the defense trial on April 28 2023 under the oath with no witnesses.
They were arrested and charged in the same court for causing grievous harm contrary to section four of the penal code.
The three were charged with particulars, between the 14th and 13th of December, 2022 they jointly caused grievous harm to Sagini Junior by gouging out both his eyes.
Sagini, who is the main witness, had told the court, his grandmother Rael Nyakerario gouged out his eyes using her own hands and he never wanted to hear her name.
“I know Nyakerario, she is my grandmother who stayed with us, she removed my eyes with her own hand,” Sagini told the court when he was being cross-examined by his lawyer Anita Ndughukire.
Sagini’s seven-year-old sister said after her grandmother chased Sagini out of the compound, they were left alone and she prepared supper took it and went to bed without the baby and the next day they were alerted that he was found dumped in a maize plantation.
Another witness who is under protection said on a fateful day, Ochogo returned home while drunk during evening hours and left with a knife and committed the crime, wrapped Sagini in a sack, and dumped him in the plantation.
Prosecution counsel Hilary Kaino, Defense counsel Anita Ndughukire, George Morara, Daphine Biyaki, Violet Moracha and Okerosi Ondieki made their submissions.
