Two employees of Nairobi City County were charged with trafficking babies from Mama Lucy Kibaki Hospital with a case to answer.
Milimani Law Courts Principal Magistrate Esther Kimilu ruled Makallah Fred Leparan and Selina Awuor Adundo they had a case to answer after the case was prosecuted before her.
They are charged with stealing three infants from Mama Lucy Kibaki hospital on diverse dates between March and November 2020.
The three infants were aged eight days, two weeks and two months respectively.
Kimilu said the prosecution had proved their case beyond reasonable doubt that indeed the two employees, knowingly caused the three children to be in need of care and protection by failing to protect them.
According to the Law, after this ruling, the two suspects will take the stand on March 7, 2023.
In his defense, Leparan informed the Court that he will give unsworn evidence with his co-accused Selina Awuor Adundo choosing to give sworn evidence.
A BBC reporter and the key prosecution witness in the case said the three babies had been abandoned at the hospital by their mothers and were later taken by the administration for treatment and care.
In the first instance, a video played in Court during the hearing of the case, Leparan is seen going into the hospital, then coming out to meet a woman, who is then handed the baby by a nurse before she drives off.
The deal was sealed after several meetings between the journalist, and Leparan.
Leparan allegedly received three bundles of Sh100,000 each from the buyers.
Before handing over the baby boy to the woman, Leparan had asked the woman what gender she preferred, to which she replied that gender did not matter.
Leparan was asked by the BBC reporter who had pretended to be a buyer whether the baby was healthy, and he replied that he was, thus “confirming his intent to steal and sell the child”.
