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Delayed justice: Prosecution blunder sabotages Baby Mercy case

Mercy Chepngeno' s mother Sharon Saidi sits outside Nakuru courts in protest after case looking into disappearance of her child's body failed to proceed on July 16,2025.

Photo credit: BRET SANYA/MTAA WANGU

By  BRET SANYA

Correspondent

Mtaa Wangu

The case regarding the mysterious disappearance of Baby Mercy Chepng’eno took a turn on Wednesday after the prosecution admitted to the court that the matter had been wrongfully registered as an inquest, yet it was already a criminal matter. 

From the court records two suspects Michael Nderitu and Mary Muthoni took plea and were released on a cash bail of sh. 100,000 each in February. Mtaa Wangu can authoritatively confirm that the duo paid the bail, securing their freedom. 

However, when Senior Resident Magistrate Emmanuel Soita, perused through the file during its mention, he noticed that while the file was labelled an inquest, the details there in showed it was a criminal case.

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It was not immediately clear how the prosecution could have made this grievous mistake.

In light of this development, Soita directed the prosecution to register the matter a fresh, get a new case number, and have the inquest withdrawn before the next mention on 30th July. 

The orders from the court did not sit well with the family. Mercy’s mother Sharon Saidi appeared visibly angry outside the court, forcing her family to calm her down.

At one point she sat on the dusty ground, expressing her frustrations through sign language as she is Deaf.

Baby Mercy Chepng’eno passed away while receiving treatment at Nakuru County Teaching and Referral Hospital (NCTRH) on February 5.

When the family arrived to collect the body on February 6, it was missing.

Nakuru County, under the Department of Health, launched investigations into the disappearance of the body of the seven-month-old baby. 

A statement issued by Nakuru County Health CECM Roselyn Mungai at the time also asked the police to investigate the matter.

"A thorough investigation is underway to establish the circumstances surrounding the disappearance and to ensure that those responsible are brought to book. We call for calm and patience while the police carry out their investigations. We want to assure the family and the public that we are committed to full transparency and will provide timely updates as directed by the investigating authorities," Ms Mungai said. 

Medical Superintendent, Dr James Waweru, said they suspected there may have been a mix-up, with the likelihood that another family may have taken the body of a child that does not belong to them.

On 17 February, protests erupted in the city center when residents, civil society organizations joined the family of Baby Mercy Chepng’eno in demanding justice for the 7-month old baby. 

Following the protests, the two mortuary attendants were arrested and charged with the offense of obstructing a burial.