KISII, Kenya July 8 – Three-year-old Baby Sagini whose eyes were gouged out persevered through the pain and continues to persevere into the unexpected darkness he finds himself in.
These were the words of Kisii Magistrate Christine Ogweno in a 105-page judgment while convicting three accused persons–including the baby’s grandmother on Friday.
The baby’s grandmother Rael Nyakerario, his cousin Alex Ochongo and aunt Pacificah Nyakerario were found guilty of gouging out his eyes eight months ago.
They are now set for sentencing in a potential long-running jail term.
“Upon considering the evidence tendered by the prosecution as well as that of the defense, I am persuaded that the prosecution has proven beyond a reasonable doubt, the charges against each of the accused persons,’” Ongweno said in an open court.
She said that the attack on the baby was completely unthinkable considering thekind of torture, pain and gruesome ordeal baby Sagini was subjected to.
But what is certain is he will never see again. He will never get a chance to enjoy his childhood with other children, he will never appreciate the beauty in colours like most children of his age. He will never see the beautiful faces of his mother and his sister again. Or even the new friends he will make in the future.
The magistrate convicted the three for causing grievous harm to minor contrary to Section 234 of the penal code and Section 215 of the criminal procedure code.
Evidence provided by 12 witnesses, in the case, formed a chain of circumstances that pointed directly to the guilt of the three accused persons.
In her judgment, Ogweno quoted the 44th president of the United States Barack Obama’s saying, “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.”
The magistrate said the case was not an ordinary one, because it was marred with several challenges due to the age of the minor who could not speak to narrate the ordeal.
“He was rendered blind in the course of the commission of the offense. This was an offense that was committed within a family setup and a family homestead. His family will have to deal with all these daunting challenges that come with a person’s 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.
Section 18 of the Children’s Act 2022 prohibits subjecting a child to torture, cruel punishment, or treatment. Internationally Kenya ratified the United Nations convention on the Rights of the children. The convention spells out the basic human rights that children everywhere have.
Kenya has also ratified the African Charter on the Rights and Welfare of Children (ACRWC)and other international and regional instruments that generally affects the rights of the child such as the Convention against Torture (CAT) and the elimination of all forms of discrimination against women.
