Former Mama Lucy Hospital social worker Fred Leparan, who was accused of child trafficking at the facility two years ago after an expose' by the BBC, has been found guilty.
Milimani senior principal magistrate Esther Kimilu found that the elements of conspiracy were also proven against Leparan.
In her judgement delivered on Wednesday morning, the magistrate said the prosecution proved that Leparan held three meetings and the court concluded that the discussion in the meetings was for the sale of a child.
"My determination is that the first accused (Leparan) is guilty of conspiracy to commit a felony and count two of trafficking persons," the magistrate ruled.
The second accused, Selina Adundo, was, however, acquitted on the two counts as she was not mentioned in any of the footage.
Adundo and Leparan were convicted on count three of the charge of negligence.
The magistrate said there was evidence that the office of the medical social worker at Mama Lucy Hospital did not inform Embakasi Children's Home about the stolen babies.
She said a witness from Embakasi denied having been informed about the three abandoned children.
"In the normal process, the children home are supposed to be informed of any children being abandoned or received at the facility," the magistrate said.
Leparan was also found to have abused his office by handing the children to persons who were not authorised. It showed clearly that he was involved in the fraud of children and trafficking of the same.
Defence lawyer Danstan Omari requested the court for a pre-sentence bail and probation report and for extension of existing bail or bond terms for the accused persons until sentencing.
The prosecution opposed the application and prayed for the closest date for mitigation and sentencing.
The court declined to extend the accused person's pre-sentence bail.
Leparan and Adundo have been remanded at the Industrial Area and Langata Women's prisons respectively.
Mitigation and sentencing will be on September 26.
In January, Leparan and Adundo were found with a case to answer.
In her ruling, senior principal magistrate Esther Kimilu said after considering submissions of defence and prosecution, the court was satisfied that the two had a case to answer and were put on their defence.
In the case, Leparan and Adundo were charged in connection with child trafficking at Mama Lucy Hospital.
During his defence, Leparan denied having received Sh300,000 from a BBC journalist in the sale of babies at the facility.
Leparan was facing five counts of child theft and a child trafficking syndicate at the hospital.
While giving his defence evidence before Kimilu, he informed the court of all legal processes. He said he never engaged himself in the illegal sale of babies at the hospital.
During the trial, a BBC journalist narrated how he exposed a child trafficking scam at the Mama Lucy Hospital in Nairobi in 2020.
Peter Murimi, 42, of the British Broadcasting Corporation (BBC), who testified virtually, explained how a social worker(Leparan) at the hospital, sold a baby boy to a childless woman at Sh300,000.
In the case, lawyer Kigen Robison was holding brief for the BBC, who were the whistleblowers.
Murimi, a director and producer of the film 'The Baby Stealers', which was aired by BBC, told the court Sh300,000 was put on the table at the request of Leparan, who proceeded to pocket the money.
“The fact that Leparan does not even have the confidence to receive the cash, being proceeds of the sale of a child, but nevertheless pockets the same, confirmed that he understands the illegal nature of his dealings,” Murimi said.
The witness told the court Leparan did not want the “client” to get into the hospital to collect the child based on fears that it would raise suspicions.
He said when the baby was delivered to the interested party, who was waiting in a car outside the hospital, Leparan expressed fears his co-workers would become suspicious.