The office of the Directorate of Public Prosecutions has pleaded with Milimani Law Courts Senior Principal Magistrate Esther Kimilu to sentence former Mama Lucy Hospital social worker Fred Leparan to 30 years in jail or fine him Ksh 30 Million after being convicted of the offence of child trafficking.
Leparan and his co-accused Selina Adundo, also a social worker were convicted of child trafficking and negligence after a BBC expose two years ago.
In his mitigation on Tuesday before Milimani senior principal magistrate Esther Kimilu, Leparan through lawyers Danstan Omari and Martina Swiga said he is a first-time offender and prayed for a non-custodial sentence.
Swiga said the court should consider his rehabilitation and restoration of justice.
The Court also heard Leparan is a family man with children and he is a breadwinner having lost his father at a tender age.
“If given a non-custodial sentence, he will be able to reflect on the concluded trial so that he can be able to fit in society and support his family”, Swiga said.
Magistrate Kimilu was also urged to be lenient and give orders for community service which includes unpaid public work.
Omari also raised concerns in the Probation report which he said has contradictions that depict Leparan from different angles, especially on the family background.
In the report, Omari said the convict is from a polygamous family and the challenges being raised are difficult…therefore he lacked proper parental upbringing.
The Court was also informed that he is a self-made person, trained and went to Mount Kenya University for a certificate course in community health and HIV management.
Kimilu was urged to give Leparan a non-custodial sentence. He has been interdicted for three years as his salary was retained. He never committed a crime but ventured into business and butchery.
Omari said that Leparan as a social worker, thousands of children have gotten homes through his hands. Many barren parents have also children.
Mama Lucy has gotten to a bigger hospital from the dispensary where the accused worked
“BBC set a trap and induced the convict with money and he was desperate for finance he had to take the money”
Omari on behalf of the convict, gave sincere apologies to the victims who are now three years.
The Prosecution, however, asked the court to consider the recommendations from the probation officer who said Leparan had no empathy to the victims.
Leparan does not comprehend the gravity of the offence as his character 0f being not remorseful.
“His character was played during his defence and in mitigation. He was not remorseful to the children and the public”, the prosecution said.
Whether they are children, they are children of this country. Kindly render a judgement that will show that he should consider other people around him.
The DPP added that case of trafficking is rampant and urged Kimilu to issue a deterrence sentence.
The DPP prayed for a sentence of 30 years for Leparan and consider the recommendations of children act when sentencing Adundo.
The two will be sentenced on October 4.
