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A former Mama Lucy Hospital medical social worker who was accused of child trafficking at the hospital two years ago after a BBC exposé has been found guilty and convicted by a Nairobi court.

Milimani senior principal magistrate Esther Kimilu found the elements of conspiracy were proven against social worker, Fred Leparan (above left).

In her judgement, Kimilu said the prosecution proved that Leparan held three meetings to discuss the sale of a child. She said 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 footages.

She was, however, convicted on the third charge of negligence alongside Leparan.

 The magistrate said there was evidence that the office of the social worker at Mama Lucy Hospital did not inform the Embakasi Children’s Home about the stolen babies.

She noted that a witness from the Children’s Home denied having been informed about the three abandoned children. “In normal circumstances, Children’s Home are supposed to be informed of any children being abandoned or received at the facility,” the magistrate said.

Leparan was also found to have abused his office by handing the children to persons who are not authorized. It showed clearly that he was involved in fraud of children and trafficking of the same.

Defence lawyer Danstan Omari requested the court for a pre-sentence bail and probation report and for extension of the existing bail/bond terms for the accused persons until sentencing. The prosecution however, opposed the application and asked the court to expedite the mitigation and sentencing of the convicted persons.

The court declined to extend the accused persons’ pre-sentence bail and remanded Leparan and Adundo at the Industrial Area prison and Lang’ata Women’s Prison respectively awaiting mitigation and sentencing on September 26.

The court heard the clip showed Leparan negotiating with an undercover journalist in a well-planned plot to sell a child who had been abandoned at the hospital.

From the same source, the court heard, Leparan is seen receiving a substantial sum after handing over three abandoned children to the journalist.