Former Mama Lucy Hospital social worker who was accused of child trafficking at the hospital two years ago after exposure to BBC was Wednesday found guilty.
Milimani senior principal magistrate Esther Kimilu found that the elements of conspiracy were proven against Fred Leparan.
The magistrate said the prosecution proved that Leparan held three meetings which court concluded that the discussion in the meetings was for the sale of a child.
She added a transaction happened at the meetings and one Rose was given three children.
“My determination is that the first accused (Leparan) is guilty of Conspiracy to commit a felony and count two of trafficking persons”, the magistrate ruled.
The second accused Selina Adundo was however acquitted on the two counts as she was not mentioned in any of the footage.
Adundo and Leparan were convicted on count three of charge of negligence.
The magistrate said there was evidence that the office of the medical social worker at Mama Lucy Hospital did not inform Embakasi children’s home about the stolen babies.
She noted a witness from Embakasi denied having been informed about the three abandoned children.
“In the normal process, the children home are supposed to be informed of any children being abandoned or received at the facility”, the magistrate said.
LeBaron was also found to have abused his office by handing the children to persons who were not authorized.
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It showed clearly that he was involved in the fraud of children and trafficking of the same.
The defence lawyer Danstan Omari requested the court for a pre-sentence bail and probation report and for an extension of existing bail/bond terms for the accused persons until sentencing.
The prosecution, however, opposed to application and asked for the closest date for mitigation and sentencing.
The court declined to extend the accused persons pre-sentence bail.
They have been remanded at Industrial area and Langata women.
Mitigation and sentencing will be on September 26.
In January this year, Leparan and Adundo were found with a case to answer.
Kimilu said after considering submissions of the defence and prosecution, the court was satisfied that the two had a case to answer and were put on their defence.
Leparan and Adundo were charged in connection with child trafficking at Mama Lucy Hospital.
During his defence, Leparan denied having received Sh300,000 from a BBC journalist in the sale of babies at the facility.
LeBaron was facing five counts of child theft and a child trafficking syndicate at the hospital.
While giving his defence evidence, he informed the court all legal processes were followed in the allegedly abandoned three children at the Hospital.
He said he never engaged himself in the illegal sale of babies at the hospital.
During the trial, a journalist attached to an international media house narrated how he exposed a child trafficking scam at the Mama Lucy Hospital in Nairobi in 2020.
Peter Murimi, 42, of the British Broadcasting Corporation (BBC) who testified virtually, explained how a social worker at the hospital, Fred Leparan, sold a baby boy to a childless woman at Sh300,000.
In the case, Lawyer Kigen Robison was holding a brief for the BBC who were the whistleblowers.
Murimi, a director and producer of the film captioned “The Baby Stealers” that was aired by BBC, told the court that Sh300,000 was put on the table at the request of Leparan who proceeded to pocket the money.
“The fact that Fred does not even have the confidence to receive the cash, being proceeds of the sale of a child, but nevertheless pockets the same, confirmed that he understands the illegal nature of his dealings,” said Murimi.
The witness told the court that Leparan did not want the “client” to get into the hospital to collect the child based on fears that it would raise suspicions.
He said that when the baby was delivered to the interested party who was waiting in a car outside the hospital, Leparan expressed fears his co-workers would become suspicious.
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