The three accused persons in the saga of the gouging out of baby Junior Sagini’s eyes have a case to answer, a Kisii court has ruled.
The court on Thursday said that the prosecution had proved their case and there was sufficient evidence to put the accused persons on their defence.
The three, Pacificah Nyakerario (aunt), Alex Ochogo (cousin) and Rael Mayaka (grandmother) will appear in court on April 28, 2023, at 9am for the defence hearing.
Senior Resident Magistrate Christine Ogweno gave the accused persons three options to choose from on how to defend themselves.
“After considering the evidence given before the court, I am convinced beyond reasonable doubt that you have a case to answer and therefore you will have to defend yourselves,” the magistrate told the three.
A total of 10 witnesses testified before the court.
Had no witnesses
The three accused persons agreed to give their defence under oath. They all said that they had no witnesses.
Last week, an investigating officer told the court that he is convinced that baby Sagini’s grandmother, aunt and cousin gouged out the three-year-old boy’s eyes.
The investigating officer, who gave his evidence while his identity was concealed, said the three accused persons committed the heinous act and should stand trial.
Another witness had earlier told the court that she was threatened to conceal the crime but when she declined, she was chased away from the home.
The witness was said to be Mr Ochogo’s girlfriend.
She said Mr Ochogo, Junior Sagini’s cousin, committed the savage attack and that there were frantic efforts by those involved to have the crime covered up.
Special hearing
The woman, who is currently under witness protection, testified before Ms Ogweno, in a special hearing that was held at the scene of the crime in Ikuruma village, Marani Sub County.
During the court proceedings, Sagini’s grandmother, Rael Mayaka, identified the scene where her grandson was found after the macabre attack.
At the time, baby Sagini’s bloody and badly injured face showed a deeply wounded person.
The three suspects are facing a charge of causing grievous harm to baby Sagini between December 13 and 14, 2022 and they pleaded not guilty to the offence.
On March 11, 2023, baby Sagini told a Kisii Court that it was his grandmother, Rael Mayaka, who committed the heinous act on him.
Baby Sagini is currently under state protection. He and his sister Shantel Kemunto were testifying virtually.
They were with their caregiver Josephine Karimi, who is looking after the two from an undisclosed location.
