Three suspects in connection with child trafficking business as aired by BBC news recently were this morning arraigned in Milimani Law courts by the DCIO Nairobi area.
The three; Makala Fred Leparan, Dr Emma Mutio and Dr Regina Musembi appeared before Senior principal magistrate Bernard Ochoi.
However, they did not take plea as the Directorate of Criminal Investigations sought ten days to detain them pending further investigations.
According to the prosecution, in the broadcast aired by BBC on November 16 2020, the first arrested suspect Mr. Makala appears in the broadcast to be negotiating with an undercover journalist and later appears to be receiving a substantial amount after handing over three abandoned children in Mama Lucy Kibaki hospital in Embaakasi where the suspects are employees.
The Investigating officer in his submissions to the court further said that from the clip on BBC,the DCIO has every reason to believe that this is a well organized criminal gang.
Dr Emma and Dr Regina were apprehended following information from Mr. Makala arrested person
The prosecution asked the court to detain the arrested persons for 10 days owing to their positions they hold at the facility that would easily have them tamper with investigations and witnesses.
Dr Emma is the CEO at the hospital while Dr. Regina Musembi is an administrator at the same facility.
The investigating officers led by DCIO Wanga masaki and Peter Orwa of DCIO Nairobi area believe the 10 days are enough to grant them time to un earth what they termed as sophisticated case.
In a spirited rebattle from the defense council led by senior lawyer Danston Omar appearing for the CEO Dr Emma and Regina said the application before court was foreign, illegal and had been decided by the authorities before the court owing to the source being foreign.
“The application before you is foreign and illegal and has been decided with authorities before you” Omar said.
He dismissed the argument by prosecution that the investigative organs do not know where the three live, arguing that owing to their positions in public service the state ought to have details of the arrested persons, he further revealed where duo reside.
The defense team dismissed the processes of DNA saying that that was a scientific matter and hence beyond the court and human error.
On tampering with evidence and witnesses Omar argued that the prosecution had not demonstrated how hence that could not warrant their detention.
He described Dr Emma as a Covid hero having served at Mbagathi hospital until ten days ago when she was transferred to mama Lucy hospital.
Omar further urged the court to respect the rights of the arrested person which include being released on reasonable bond terms or on bail, asking the court that if worst be then the arrested persons be detained for 1 day to allow prosecution complete their investigations.
Principal magistrate Ochoi will make a ruling on November 19 as he ordered the suspects be held at Killeshwa police station.
