Kisii law courts have found sufficient evidence against the three accused persons; Alex Ochogo Maina, Pacificah Nyakerario and Rael Nyakerario and has directed that they proceed for defense hearing for having gouged the eyes of baby Sagini on December 13, 2022.
The three accused persons were charged in Kisii Law court for causing grievous bodily harm.
Previously, the three accused persons were charged for attempted murder and the office of the Director of Public Prosecutions (ODPP) requested the court to amend the charges of attempted murder to grievous bodily harm according to section 4 of the penal code.
Further, the court requested the three accused persons to defend themselves and they requested the court to allow them give their testimony under oath although they did not have witnesses to represent in the court.
The court fixed the defense hearing for April, 28 where the three accused persons will defend themselves.
The matter proceeded before Senior Resident Magistrate Christine Ogweno.
Ogweno said that having considered all the evidence of the ten witnesses, oral submissions and being cross examined by the prosecutor, the court found that the three have the case to answer and will proceed for defense hearing before the court.
During cross-examination at Kisii Law Courts on Friday, March 10, Sagini alleged that his grandmother, Rael Nyakerario Mayaka, gouged out his eyes using his hands and dumped him at a maize plantation.
Sister to Sagini told the court that on that fateful day, they went to the river to fetch water as usual, but Sagini did not turn up since he lost a water container.
Daniel Nyameino, a clinician at the Kisii Teaching and Referral Hospital further revealed during the cross-examination that he received a medical report dated December 29, 2022 from Rioma Station regarding baby Sagini, revealing that he was assaulted by unknown people between December 13 and December 14, 2022.
During the cross examination that was held at the scene where the incident happened, a key witness who is currently under witness protection testified that on that fateful day, Alex Ochogo committed the atrocious act and returned home while drunk and left with a knife to commit the crime before wrapping the minor in a sack and later dumping him in a maize farm.
Prosecution was led by Stephen Masaki, Anita Nduhukire and Daphine Biyaki represented Law Society of Kenya.
Senior counsel George Morara appeared as interested party representing Kisii County government, Beatrice Obutu representing children Department and Tom Nam representing Children Welfare Society of Kenya.
The defense side was represented by Emily Ondieki who held brief on behalf of Kerosi Ondieki and Violet Moguche who were absent because of other commitments.
By Elizabeth Angira
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