KISII, Kenya, Jul 27 – A four bench Defense counsel for Baby Sagini including prosecution burnt the midnight oil to ensure Baby Sagini was served with justice, even if he couldn’t see again but get justice that could lead him to a brighter future.
On the 13th of December Baby Sagini’s life changed and changed for good, he was rendered blind by his close family members and one wonders on the inhumane act of gouging out a defenseless child’s eyes.
Alex Ochogo(cousin),(Pacificah Nyakerario(aunt)and Rael Nyakerario(grandmother) were arrested, charged in court and finally sentenced to 40,10,5 years imprisonment respectfully for gouging out Baby Sagini’s eyes.
However, one wonders the pain Baby Sagini persevered through as he continues to persevere into the unexpected darkness, he finds himself in.
Prosecution counsel Hilary Kaino,Baby Sagini’s lawyer, and LSK representative Anita Ndukhire, Daphine Biyaki representing Citam church and George Morara representing the County Government stood in for baby sagini for justice.
Baby Sagini’s lawyer Anita Ndukhire says it has been a journey since 22nd of December,2022 when she took up this case and ensured she attended all the court sessions to the end as she joined baby Sagini in his perseverance journey.
Ndukhire narrates her journey of walking with Baby Sagini in her perseverance journey and says this was a case of his kind that leaves her with memories which she will never forget.
I have done criminal matters but this one was of its kind, something one wonders is, why would someone be so inhumane, torturous to a three-year-old child, am still wondering up to date.
Sentencing of the three accused persons is a win for us as in terms of our legal profession but not as a mother. This child will forever live in darkness not because he was born blind but because someone removed his eyes.
I visited Sagini at Nyanchwa eye hospital for the first time,one week after he was admitted, I found him in a devastating state that left me in tears, the first picture is unerasable in my mind.
I also had an opportunity to visit Baby Sagini’s home when the court was moved to his homestead as part of the hearing process, we were able to see the kind of home they lived in, the kind of picture I went home with was really terrible.
I heard an occasion of looking at the social inquiry report and you wonder what kind of society we are living in; Baby Sagini went through a lot and this pains me as a mother.is this hell?
This is a win for us, the accused have been sentenced but they have eyes, they can see, they can count days in prison,they can see people, beautiful colors but what of Baby Sagini?
In one of the occasions, I saw baby Sagini testify virtually in court during a video conference and I wished if he could identify the three accused persons in court, but how? It really pained me so much.
At this point, Ndukhire even forgot the victim’s state and asked baby Sagini if he could see his grandmother, aunt and cousin in court, she quickly rephrased her question if he knew them but this time with a low tone filled with pain and tears which she couldn’t control.
In Baby Sagini’s perseverance journey we are told he is improving, he can use the toilet and learning to use other senses to play with her sister and also he has made friends where he is.
Court Magistrate Christine Ogweno in her Judgement said it was completely unthinkable, what kind 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 future.
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.
Any society owes a child a duty of care and protection. A duty to ensure a child lives and outgrows his childhood in a happy and sheltered environment but the society failed Sagini in this instant.
