A woman who entered into a Sh500, 000 agreements to be a surrogate mother for a Chinese couple has refused to release the baby.
Josephine Muthoni Kariuki had entered into a contract with Neon Kian Fu who agreed to pay her an additional Sh30, 000 per month for the entire pregnancy period.
Muthoni, 27, who gave birth to baby Neo Yu Jie, caused drama at Mombasa Hospital when doctors attempted to hand the child over to the legal father.
It is however not clear why Muthoni changed her mind despite signing legal papers to give the child to the Chinese father who is on a three-month visit to Kenya on a tourist visa.
Things took an unexpected turn, with Muthoni and Kian Fu being arrested and charged alongside Mombasa-based doctor, Mahesh Chudasama for attempting to traffic baby Neo Yu Jie.
The three appeared before Senior Principal Magistrate Henry Nyakweba and denied the two counts of attempted human trafficking. They were released on a bond of Sh1 million with one surety with an alternative cash bail of Sh100, 000 each.
It is alleged that on diverse dates between July 16 and 28, 2018 at Mombasa Hospital, Kariuki and Chudasam jointly offered Kian Fu a child (Yu Jie) for guardianship to facilitate the child’s removal from Kenya to Singapore.
They are also charged with unlawfully adopting Yu Jie.
According to police, Muthoni had entered into a contact worth Sh500, 000 to be a surrogate mother to a Chinese couple.
It is alleged that Dr Chudasama released the baby to Kian Fu without the knowledge of Muthoni.
A police report produced in court indicated that Kian Fu left the country after he donated sperm to Muthoni. It is reported that Dr Chudasama had initiated the process.
The agreement was drafted by Muthee Soni Advocates based at Mombasa and executed by both parties.
The legal formalities were being handled by advocate Christine Kipsang who is an advocate a Children’s Court.
Kipsang produced an order issued by Tononoka Children’s Court granting parental rights to the intended parents, being Kian Fu.
The birth certificate indicates Muthoni as the mother to Yu Jie and Kian Fu as the father.
The baby was taken to Baby Life Rescue Centre pending application for protection and care by the children’s court in Mombasa. The case is scheduled for pre-trial on August 13.