Kenya: Baby Sagini’s Tormentors to Remain in Custody Pending January Trial for Attempted Murder

Kisii — Three individuals charged with attempted murder in Baby Sagini’s case will be remanded at Kisii Prisons awaiting their trial in January.

Three suspects were arraigned and charged Friday morning at the Kisii Law Courts for attempted murder before Senior Resident Magistrate Christine Ogweno.

Maina Ochogo, Pacifica Nyakerario and Rael Nyakerario – cousin, grandmother and mother to the victim respectively – are said to have colluded in the cruel plot that saw Sagini’s eye’s gouged out after he was picked outside his grandmother’s house.

The prosecution told the court the three attempted unlawfully to cause the death of Brighton Junior Sagini by gouging out both his eyes contrary to Section 220 of the Penal Code.

The incident is believed to have occurred between December13th and 14th at Ikuruma location, Marani subcounty within Kisii county.

The accused persons pleaded not guilty to the offence.

Prosecution counsel Hilary Kaino asked the court to deny the suspects bond or bail on the grounds that they will interfere with the witnesses who are their close relatives.

“I oppose this court granting the accused persons bond or bail for they are likely to interfere with witnesses who are close relatives to them,” said Kaino.

Further, Kaino told the court that granting bail or bond to the witnesses may raise fear, intimidation and anxiety and would thus be against the interest for justice.

Kaino also opposed bond applications by the three on grounds of public order, peace and security citing significant public interest.

He argued the suspects were highly likely to be harmed by members of the public since the situation is still volatile.

“These are the compelling reasons for this court to deny them bond or bail,” said Kaino.

Nduhukire Anita, an advocate representing baby Sagini, told the court she aligns herself with prosecution’s bid to deny the accused persons bond or bail.

The bid was also backed by the County Government of Kisii.

“As an interested party in this case, we ask this court not to release the accused persons due to the nature of the case, they may also interfere with the evidence and prejudice the matter before the court,” said George Morara, a lawyer appearing for the county told the court.

Morara said Sagini is under the care of the Children’s officers and his health status is being reviewed by medical specialists.

In determining the application for bail, the magistrate ruled that the three accused persons be remanded in custody pending trial.

“This court orders the three accused persons to be remanded in the police custody without bond or bail awaiting trial,” Ogweno said.

The three accused persons will be remanded at Kisii Prisons awaiting trial with a mention set for January 18.


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