DPP seeks more time to try 3 Mombasa child trafficking suspects

From left: Josephine Muthoni, Dr. Mahesh Chudasama and Neo Kian Fu at Mombasa Court in Mombasa County on Monday 30th July 2018, where Josephine and Dr. Mahesh denied charges of offering Neo Kian Fu a child for guardianship to facilitate the child to be removed from Kenya to Singapore, while Neo denied the charges of unlawfully adopting the child with intent to remove him from Kenya to Singapore. [Photo/Kelvin Karani]

The prosecutor has asked for more time to prepare for the trial of three people charged with child trafficking.

Principal Prosecutor Eugene Wangila told Senior Principal Magistrate Henry Nyakweba yesterday that his office did not have crucial documents related to the case that involves a Chinese national, a Kenyan surrogate mother and a Kenyan doctor.

“The prosecution is not ready to proceed. The file is still with the Director of Public Prosecutions (DPP),” said Mr Wangila.

According to court documents, Josephine Muthoni Kariuki, 27, entered into a contract worth Sh500,000 to be a surrogate mother for a Chinese couple.

In the agreement, Neo Kian Fu also agreed to pay her an additional Sh30,000 each month for nine months.

Muthoni gave birth to a boy, who was named Neo Yu Jie, at a Mombasa hospital. But when doctors attempted to hand the child over to Kian Fu, she protested.

It was not clear why the woman changed her mind despite signing legal papers agreeing to give the child to Kian, who was on a three-month tourist visa.

Following the deadlock, Muthoni and Kian Fu were arrested and charged alongside a Mombasa-based doctor, Mahesh Chudasama, with attempting to traffic Yu Jie.

It was alleged that Dr Chudasama released the baby to Kian Fu without the knowledge of Muthoni.

The three, who appeared before Mr Nyakweba, denied two counts of attempted human trafficking and were released on a bond of Sh1 million with one surety, with an alternative cash bail of Sh100,000.

Yu Jie was taken to the Baby Life Rescue Centre pending application for protection at a children’s court.