- The three were charged that between the 13th and 14th day of December 2022 at Ikuruma location, Marani Subcounty within Kisii county, attempted unlawfully to cause the death of Brighton Junior Sagini by gouging out both his eyes contrary to section 220 of the Penal Code.
Three suspects in Baby Junior Sagini's case were Friday arraigned in a Kisii law court for attempted murder.
Alex Ochogo (Cousin to Sagini), Pacifica Nyakerario (Aunt) and Rael Nyakerario (Grandmother) appeared before Senior Resident Magistrate Christine Ogweno following the conclusion of investigations by the police.
The three were charged that between the 13th and 14th day of December 2022 at Ikuruma location, Marani Subcounty within Kisii county, 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 accused persons pleaded not guilty to the criminal offence.
Prosecution counsel Hilary Kaino in his application asked the court to deny bond or bail to the accused persons 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.
Kaino told the court that granting bail or bond to the accused may raise fear, intimidation and anxiety thus no interest in justice.
Kaino also opposed the bond application due to public order, peace and security on grounds that the case attracted huge public interest and there is a likelihood for the accused persons may 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.
An advocate appearing for the three-year-old boy Nduhukire Anita told the court, she aligns herself with the prosecution council to deny the accused persons bond or bail.
"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 who was watching brief for the county government as an interested party.
Sagini is under the care of the Children's officers and his health status is being reviewed by medical specialists.
The magistrate ruled, the three accused persons were remanded following the two grounds submitted by the prosecution awaiting trial.
"This court orders the three accused persons to be remanded in remand without bond or bail awaiting trial," said the magistrate.
The three accused persons will be remanded at Kisii prisons awaiting for trial.
The case will be mentioned on January 18, 2023, for trial and any other directions.
At least six witnesses are lined up against the three.
The child was found bloody with his eyes gouged out near their house in the village.
The child, his sister and his mother were taken to safe custody on Wednesday evening.
This was after the child was discharged from the hospital he has been for more than a week.
There are efforts to get him more specialized treatment.
Investigations have linked the attack to land tussles in the home.
Sagini was in the line of inheritance of their land which police say was not going down well with some members of the family.