The High Court has suspended plans by Nairobi’s Members of the County Assembly (MCAs) to remove housing Chief Officer Lydia Mathia from office.
Justice Bahati Mwamuye issued a conservatory order stopping the MCAs from enforcing the resolution to censure Ms Mathia, pending the determination of her case.
The court barred the County Assembly from enforcing or acting on the resolutions passed on June 24 or taking any adverse action against her.
Justice Mwamuye further directed Ms Mathia to serve the application, petition and court order on the county government and the MCAs.
“Pending the inter-partes hearing and determination of the petitioner’s/applicant’s notice of motion application dated 26/06/2025, a conservatory order be and is hereby issued restraining the respondents, jointly and severally, from implementing, enforcing or acting in reliance of the resolutions emanating from the impugned censure motion,” said the judge.
In the petition, Ms Mathia submitted that the decision by the MCAs was illegal, procedurally flawed and unconstitutional.
“The motion is void and illegal as there was no prayer made of such a motion on the floor of the house to censure me; instead there were recommendations and resolution to investigate which in reality is an impeachment motion,” Ms Mathia.
The official was accused of gross misconduct, abuse of office, violation of human rights and defiance of court orders, in relation to recent evictions of tenants from county houses.
The MCAs acted on public outrage over forceful evictions from several city estates, including Old Ngara, New Ngara, Kariokor, Buruburu, Kariobangi, and Woodley.
Through lawyer Moses Mabeya, Ms Mathia argued that the decision was illegal and unconstitutional, as she was condemned unheard.
Mr Mabeya said she was not given an opportunity to respond to the accusations before the censure motion was tabled and adopted.
“The petitioner was condemned unheard, in direct violation of the constitutional guarantee to a fair hearing under Article 30,” Mr Mabeya stated.
Mr Mabeya submitted that the county assembly acted beyond its mandate and infringed upon her constitutional rights to fair administrative action.
The Members of the County Assembly had also recommended that the Nairobi County Public Service Board immediately commence disciplinary proceedings against her with a view to her removal from office.
