Court Halts Nairobi Housing Chief’s Ouster in Early Legal Victory
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By Dennis Wanyonyi
The High Court in Nairobi has issued a conservatory order temporarily blocking the Nairobi County Assembly and County Government from proceeding with the ouster of Housing Chief Officer Lydia Mathia, pending the hearing and determination of a petition she filed in court.
In his ruling, Justice Bahati Mwamuye ordered that the resolution arising from a censure motion passed against Mathia be suspended until the matter is fully heard and determined.
“Pending the inter partes hearing and determination of the petition, a conservatory order is hereby issued restraining the respondents—jointly and severally—and any other interested party, from implementing, enforcing, or acting upon the resolution emanating from the said censure motion passed against the petitioner,” the judge ruled.
Legal Challenge Against the County Assembly’s Motion
The court’s decision follows an urgent application filed by city lawyer Moses Mabeya, who is representing Mathia. Mabeya argued that the motion passed by the Nairobi County Assembly on June 24 was unconstitutional, citing violations of due process.
“The petitioner was condemned unheard, in direct violation of her constitutional right to a fair hearing under Article 50. No prior notice, summons, or opportunity to respond was provided before the motion was tabled, debated, and adopted,” Mabeya told the court.
He contended that the entire process was flawed and done in bad faith, aiming to remove Mathia from office without affording her an opportunity to defend herself.
Imminent Risk of Job Loss and Reputational Harm
Mabeya further submitted that unless the court intervenes, Mathia is at risk of being barred from accessing her office, effectively rendering her jobless and tarnishing her professional reputation.
“There is imminent danger that the respondents will prevent the petitioner from executing her lawful duties, and this could result in her unlawful dismissal from a position she holds in service to the people of Nairobi,” he added.
He also warned that the Assembly’s resolution—if left unchallenged—could carry long-term damage by declaring her unfit to hold public office, a move he described as disproportionate, punitive, and unconstitutional.
Constitutional Concerns Raised
The petition raises several constitutional issues that the court is expected to address, including violations of fair administrative action, access to justice, and procedural fairness in public office disciplinary processes.
Justice Mwamuye directed that the matter be fast-tracked and scheduled for inter partes hearing, where all parties will be given an opportunity to present their arguments.
The ruling offers temporary relief to Lydia Mathia, who continues to serve as Nairobi’s Housing Chief Officer amid the legal proceedings.
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