Mama Lucy Chief Executive Officer, Dr Emma Mutio, has been cleared of child trafficking accusations after staying in custody for four days.
The court discharged Dr. Mutio alongside Juliana Mbete, a hospital administrator, Beatrice Njambi, who is in charge of the newborn unit, and administrative officer Regina Musembi.
However, the state prosecutor, Caroline Karimi, asked the court to order the CEO and the three others to report to the Directorate of Criminal Investigations once a week as investigations continue over missing 77 children files.
The prosecutor said that only 49 children's files have recovered during the search for the 126 missing files.
"Your honour, 77 children's files are missing. Those are innocent children we do not know their whereabouts. We ask you to order the other suspects to report at the DCI headquarters because that will not prejudice the suspects," said Karimi.
In his ruling on Monday, November 23, Nairobi Senior Principal Magistrate Bernard Ochoi directed that the deputy director of medical services at Nairobi Metropolitan Services (NMS), Musa Mohammed and social workers Makallah Fred and Selina Awour, to be charged with child trafficking offences.
The prosecution told the court that they had completed their investigations and were ready to charge the three accused persons.
But the NMS medical services boss's lawyer told the court that the suspect is admitted to Kenyatta National hospital after falling ill while in custody.
The child trafficking saga erupted after Makallah was allegedly exposed by BBC Africa while negotiating with an undercover journalist in a well-planned plot to sell a child who had been abandoned at the Mama Lucy Hospital.