The Office of the Director of Public Prosecutions (ODPP) has substituted the attempted murder charge facing three people linked to the case of baby Junior Sagini, whose eyes were gouged out, to grievous bodily harm.
The changes came up when the accused, Mr Alex Ochogo (cousin of Sagini), Pacifica Nyakerario (aunt) and Rael Nyakerario Mayaka (grandmother) appeared in a Kisii court on Thursday.
Prosecutor Hillary Kaino said the charge was amended based on evidence that the facts of the case might not support the attempted murder charge.
“The facts as we have now clearly support a charge of grievous harm. With me is a substituted charge dated February 2, 2023,” said Mr Kaino as he sought to amend the charges.
The new charges were read out to the accused, who were then asked to take plea afresh.
Drama ensued in the court after Ms Nyakerario and Ms Mayaka initially pleaded guilty to the new charges, but the prosecution and presiding magistrate argued that they may not have understood the questions posed to them.
They later pleaded not guilty to the offence, with Ms Mayaka, Sagini’s grandmother, accusing Mr Ochogo of gouging out the eyes of the three-year-old boy.
Sagini had been living with his grandmother and father in Marani, Kisii County, when the attack happened. He was found dumped in a maize plantation with his eyes gouged out on December 13, 2022.
The next hearings will be on February 24 and March 3, 2023.
