A Kisii court has sentenced Alex Maina Ochogo, Pacificah Nyakerario, and Rael Mayieka to 40, 10 and 5 years respectively for gouging Baby Brighton Sagini’s eyes on December 13, 2022, at Ikuruma village, Marani Sub-county, Kisii county.
Senior Resident Magistrate, Christine Ogweno Ogweno revealed that 27-year-old Maina was the mastermind in the heinous crime, assisted by his mother, Pacificah, 51 and Mayieka, grandmother, 80.
In her verdict, the Magistrate noted, Maina was a known drug addict who dropped out of school in class two.
However having terrorized his community for years, the magistrate declined to release him on bail saying Maina was in danger of getting lynched by the villagers once.
“The community is hostile towards Maina who dropped in class two and has threatened to lynch him if he is released. The probation officer is reluctant for him to be freed,” Ogeno noted.
Speaking on the culprit's widowed mother, Pacificah Nyakerario, the magistrate blamed the lady for the poor upbringing of her 10 children.
She went on to reveal that as a result of drug addiction, the community members had then labelled her as an abusive, violent witch who allegedly killed her husband although the case was not taken to court.
Grandmother
Mayieka who is the grandmother received a light sentencing after it was revealed that she cared for baby Sagini and Sister, Shantel Kenunto before Maina gouged Sagini’s eyes using a knife,
“They used a dangerous weapon to injure Sagini who was vulnerable and at a tender age without provocation and the sister saw. They were family members who were supposed to care for him,” the Magistrate said.
Initially, the trio were charged with attempted murder but the charge was amended to causing grievous harm contrary to section 234 of the Penal Code.
Represented by Kerosi Ondieki and Winston Magara, the lawyers told the court to be lenient in sentencing the three based on their ages, saying, they hail from a poor family and it was the first time they had committed the offence.
Magara told the court not to jail them for life as proposed by the prosecutor, Hilary Kaino. According to the lawyer, jailing them for life was like wiping out their generation.
Sagini, the county government and the Law Society of Kenya Lawyers- George Morara, Davine Biyaki and Anita Nduhukire however urged the court to give a stiffer sentence to deter others.
"The child lost his eyes and eyesight. One cannot imagine the physical and psychological trauma and the pain the child felt. Even adults cannot endure the pain,” the magistrate ruled.
She said the minor would now have to attend a special school, get assistive devices and would not pursue a course he may have wanted due to the tragic event of December 13.
The magistrate noted the accused persons are entitled to a humane sentence to assist them to be rehabilitated even if they failed to do it to the victim.
She told the trio that the sentencing was not the end of life and told them to consult their lawyers in case they want to appeal.
“Whatever happens, let us protect our children. I thank the counsels for the accused persons. It was not easy. They deserved a right to representation,” Ogweno said.
