Mama Lucy Hospital Child trafficking case takes a new twist after the prosecution approached the trial magistrate with a motion to amend the charge sheet to correct the victim’s gender.

The victim’s advocate told the court that, although it is the Court’s duty to protect the accused persons, the court also has a duty to protect the minors.

Further, he said that the DPP deserves a right to amend the charge sheet at any time before the closure of their case.

The public prosecutor told the Court that although the majority of the witnesses had been referring to the trafficked minors as male, they still had witnesses present in court from Mama Lucy Hospital coming for a cross-examination that had not yet ended, and hence the defense had any chance to ask any question they wish on the sex of the children.

The Court ruled that it was a human error to omit the actual gender of the minors, however, the same does not change the fact that the victims are children as per the definition of a child. The court has equal duty to protect the rights of an accused person as well as the victims.

Magistrate Esther Kimilu said that the victims have suffered an injury and need the court’s protection without prejudicing the right to a fair trial of the accused persons. Further, she said that the defense will not suffer any prejudice if the court allowed an amendment to the charge sheet to correct the gender of the children hence allowing the motion.

The defense counsel led by Senior Counsel Dunstan Omari said that they will proceed to recall witnesses who have testified to address the two critical questions of age and gender of the minors.
In the case, Leparan is jointly charged alongside Selina Awuor Adundo, who is also a social worker at the same hospital. They have denied five counts of child theft and a child trafficking syndicate.