KISII, Kenya, Jul 25 – After being convicted for gouging out three year old Baby Sagini’s eyes, Alex Ochogo(cousin) Pacifica Nyakerario (aunt) and Rael Nyakerario(grandmother) have been sentenced to serve years imprisonment for the inhumane act they committed to Sagini.
The three family members were arrested and charged on the particulars that on the 13th and 14th of December,2022, they unlawfully and willingly gouged out Baby Sagini’s eyes causing grievous harm to the victim contrary to section 234 of the penal code which attracts a life sentence.
Appearing before court Magistrate Christine Ogweno,the court arrived at the verdict convicting each of the three accused persons for the grievous harm charges.
“I have taken into account their respect ages,27,51 and 80 years, I arrive at the decision that the following would be an appropriate sentence in the circumstances, Alex Ochogo, sentenced to serve 40 years imprisonment, Racificah Nyakerario sentenced to 10 years imprisonment and Rael Nyakerario five years imprisonment,” the magistrate ruled.
During conviction, Evidence provided by the 12 witnesses in this case formed a chain of circumstances that pointed directly to the guilty of the three accused persons and this concludes that it’s the three who committed the offence.
“Upon considering the evidence tendered by the prosecution as well as that of the defense, am persuaded that the prosecution has proven beyond reasonable doubt, the charges against each of the accused persons,’” Ongweno said
In her judgement, Ogweno quoted the 44th president of the US Barack Obama’s words” We cannot stop every act of senseless violence. we cannot know every evil that lurks in troubled minds if we can prevent even one tragedy like this, save even of life, spare other families what these families are going through, certainly we’ve got an obligation to try,”
Ogweno said, this was not an ordinary case, this was a case marred with several challenges, the victim was of a tender age and was rendered blind in the course of commission of the offence. This was an offence that was committed within a family set up and a family homestead.
“His family will have to deal with all these daunting challenges that come with a person visual challenge. He needs to learn to walk again without vision and recognize his senses to adapt to his new circumstances,” said the court Magistrate.
There is so much he will never see again. And one wonders of what kind of people this child lived amongst that they could be so heartless to gouge out an innocent, helpless child’s eyes put him inside a suck under a bed then proceed to celebrate, drink and dance with a full knowledge of the minor stuffed under the bed in a suck,wreaks of evil, this is animalistic, barbaric, brutal, savage, inhuman and wicked.
In her sentencing, Ogweno said the community attitude and pre-sentencing report by probation officers remained unfavorable towards pacifica Nyakerario baby Sagini’s grandmother who took care of the victim and his sister while his mother struggled to make ends meet from far away from home.
“The court has extensively discussed this in its judgement, Ochogo and Pacifica were aiders and a better. whereas the outcome of their actions, looked at totality, arrives at the same result, their commission of the offence, I believe should be taken into consideration,” said the court magistrate.
However, the court can only assert itself in the kind of sentencing befitting in the circumstances, also the court recognizes that the accused persons through convicted, are still entitled to a humane sentence to help in their own rehabilitation, even if they failed to accord baby Sagini the same human treatment.
The probation report indicated, the community had expressed fear for their children’s safety should Ochogo and Pacificah be released.
Ochogo is said to have dropped out of school in class two, he is said to be a thief, the community maintains hostility towards him and threatened to lynch him should he be released and therefore the probation officer recommended a non-custodial sentence.
Probation reports further indicated 51 year old Pacificah Nyakerario dropped out of school in class three due to financial struggles, she had poor upbringing, she has 10 children from two marriages, a peasant farmer and casual laborer.
“Pacificah narrates, she was labeled a witch by the community, her husband passed on two years ago and she is said to be addicted to alcohol. The family considers her as troublesome, violent and abusive, due to her negative perception in the community, the probation officer recommends for a custodial sentence,” said the magistrate.
