In Summary
- Leparan and his co-accused Selina Adundo, also a social worker, were convicted of child trafficking and negligence after a BBC report exposed them 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.
Former Mama Lucy Hospital social worker Fred Leparan is facing a jail term of 30 years 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 report exposed them two years ago.
The two on Tuesday September 26th 2023,had their day to mitigate before Milimani senior principal magistrate Esther Kimilu.
Through their 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 that 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.
Omari further said that his family defended the convict because of his dignity.
He is the first born of five siblings and all of his family depend on him. The financial burden of a firstborn depends on him.
“When Leparan was arrested, the mother believed he would be acquitted and has suffered mental challenges due to the case,” Omari stated.
Out of the conviction, the convict might lose his mother and the children might suffer. Kindly save the mother as the probation report recommends.
Icon Academic Exellence
Leparan was said to be from the Masai community in Kilgoris where the school was not a priority.
“He scored 252 marks out of 500. He performed well according to his community….please don’t extinguish the hope of the community,” his lawyers argued.
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.”
“He has three children who know that their father went to Nairobi to work….kindly don’t allow him to go to prison.”
Contrast
The probation report, however, said he is not remorseful does not take responsibility and is quick to defend blame, claims Omari denied and said he is remorseful.
