A man found guilty in a child trafficking and theft case has pleaded for a non-custodial sentence, telling the court his mother might die if he is sent to prison.
Fred Leparan and his co-accused Selina Adundo were two weeks ago found guilty by Nairobi magistrate Esther Kimilu. They will be sentenced on October 4.
In their mitigation on Tuesday, the two urged the court for leniency saying they were first time offenders.
Both Leparan and Selina are former social workers at the Mama Lucy Hospital in Nairobi.
They face up to 30 years in prison or a fine of not less than Sh20 million after being convicted of the offence of child trafficking.
Leparan and his co-accused Selina Adundo were found guilty of child trafficking and negligence after a BBC report exposed them two years ago.
Leparan through lawyers Danstan Omari and Martina Swiga on Tuesday said he is a first-time offender and prayed for a non-custodial sentence.
Omari raised concerns with the probation report he said has contradictions that depict Leparan from different angles, especially on the family background.
The lawyer said his client is from a polygamous family and lacked proper parental upbringing.
Poor background affects children by generating hopelessness, Omari said.
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 is on him.
"When Leparan was arrested, the mother believed he would be acquitted and has suffered mental challenges due to the case. Out of the conviction, the convict might lose his mother and the children might suffer. Kindly, save the mother as the probation report recommends, "he said.
Lawyer 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 the 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.
Leparan was said to be from the Masai community in Kilgoris where 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 man, 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."
The probation report, however, said he is not remorseful and does not take responsibility and is quick to defend and blame. Omari denied this and said he is remorseful.
Omari said that Leparan as a social worker has enabled thousands of children to get homes.
"BBC set a trap and induced the convict with money and he was desperate for finance. He had to take the money," he said.
Omari, on behalf of the convict, offered sincere apologies to the victims who are now three years old.
Selina Adundo also prayed for a lenient sentence, saying she is a first offender.
She said she has always attended court religiously and should be regarded as a person with a good reputation and passion for work.
She has two children and is the primary caregiver for her family.
The prosecution, however, asked the court to consider the recommendations of the probation officer who said Leparan had no empathy for the victims.
"Leparan does not comprehend the gravity of the offence as his character 0f being not remorseful," the prosecution said.
"His character was played during his defence and in mitigation. He was not remorseful to the children and the public. 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 cases of trafficking are rampant and urged Kimilu to issue a deterrence sentence.