Former Mama Lucy Kibaki Hospital social worker Fred Leparan has pleaded with Milimani Principal Magistrate Esther Kimilu to give him a non-custodial sentence.
A non-custodial sentence is a punishment given by a court of law that does not involve a prison term like fines or community work.
Appearing before Milimani Senior Principal Magistrate Esther Kimilu on Tuesday, September 26, Leparan argued that he was a first-time offender and asked the court to consider his rehabilitation.
Through his lawyers Danstan Omari and Martina Swiga, Leparan also stated that he was a family man with children adding that he is the breadwinner.
“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 stated.
Omari Lists Additional Reasons to Forgive Leparan
Omari blamed the difficult financial times for the conviction. He also noted that Leparan’s family had defended him, noting that the convict might lose his mother if jailed.
“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. The convict might lose his mother and the children might suffer,” he added.
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According to lawyer Danstan Omari, the probation report had contradictions that presented Leparan differently, especially on family matters.
Additionally, he argued that the convict was from a polygamous family and therefore lacked proper parental guidance while growing up.
“The psychologically poor background affects the children by generating hopelessness,” added Omari.
Educational Background
At the same time, Omari stated that Leparan is from the Maasai community in Kilgoris where education was not prioritized.
Further, he explained that the convict was a self-made person who went to Mount Kenya University for a certificate course in community health and HIV management.
“Leparan scored 252 marks out of 500. He performed well according to his community, please don’t extinguish the hope of the community. He has three children who know that their father went to Nairobi to work,” stated the lawyer.
“Leparan has been interdicted for three years as his salary was retained. He never committed a crime but ventured into business and butchery,” Omari pleaded.
Nonetheless, Leparan is facing a possible 30-year sentence for child trafficking.
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Leparan Sentenced for Child Trafficking
Earlier on September 7, former Mama Lucy Kibaki Hospital social worker Fred Leparan was found guilty of child trafficking and neglect of duty.
However, the second accused, Selina Adundo, was acquitted on two counts as she was not mentioned in any of the footage.
Both Adundo and Leparan were convicted on count three of the charge of negligence.
Magistrate Kimilu ruled that the prosecution had proven beyond reasonable doubt that Fred Leparan and Selina Awuor neglected three children who had been abandoned at the hospital and conspired to sell them.
