Nairobi MCAs push for ouster of Housing Chief Officer Lydia Mathia over evictions
According to the legislators, she should not be reassigned but dismissed from her office
Nairobi City County Assembly has recommended the removal of Housing and Urban Renewal Chief Officer Lydia Mathia over the eviction of tenants of county houses in Ngara, Kariokor, Buruburu, Kariobangi and Woodley.
Members of the County Assembly endorsed a censure motion sponsored by Ngara Member of County Assembly Chege Mwaura, Mathia is accused of overseeing the eviction, which was done in a cruel, dehumanizing, and degrading manner, violating the residents’ constitutional rights despite an existing court order.
Chege, who is also the County Assemblies Forum Secretary General, stated that the actions by the Housing Chief Officer amount to dereliction of duty, gross misconduct, abuse of office, willful disobedience of Court orders, and conduct unbecoming of a public officer.
“Therefore, this assembly resolves to censure Lydia Mathia for gross misconduct, abuse of office, violation of human rights, and violation of court orders; declare her unfit to hold public office within the Nairobi City County Government or any other public service; direct that the Nairobi City County Assembly and its Committees shall not transact any business with Mathia in her current capacity or any other public capacity,” the motion by Chege stated.
The Assembly recommended that the Nairobi City County Public Service Board immediately commences disciplinary proceedings against Mathia to remove her from office.
According to the legislators, the Chief Officer should not be reassigned but dismissed from her office.
They condemned the eviction, saying it is Mathia who gave the directive for it to proceed and that investigations into the destruction and loss of property need to be conducted.
“Recognize the rights of the affected residents to seek justice and support the enforcement of the court orders that issued preservatory orders barring the eviction until the petition filed is heard and determined. Investigations into the loss of property and destruction should also be conducted,” the Assembly resolved.
Chege told the Assembly that with the court order being in place, the tenants have been frustrated in accessing the houses, which he claimed directives were issued by Mathia.
Early last month, the County government issued a notice to the tenants in the affected estates demanding substantial sums of money in alleged pending rent arrears without a breakdown of specific months or years in which it accrued.
The tenants said the notice by Governor Johnson Sakaja’s administration was contrary to a March 2021 gazette notice, which indicated that the City County had waived permanently the arrears that had accrued up to 2019, which saw them being directed to pay arrears from May 2019 to date.
Appearing before the Senate Roads, Transport and Housing Committee last month, Governor Johnson Sakaja revealed that some tenants have lived in county houses for over a decade without paying rent.
He stated that the extreme case involved a tenant in Woodley Estate who owes Sh1.8 million in unpaid rent accrued over 158 months, despite being charged Sh17,600 monthly.
He shared that a total of 118 tenants in Woodley Estate alone have defaulted on rent, owing the county government Sh39.63 million. Sakaja questioned how the administration is expected to function if tenants did not meet their rental obligations.
“For everyone in our county houses who is not paying rent, you will be evicted. These houses don’t belong to me — they belong to the people of Nairobi,” Sakaja stated.
He added that many tenants pay rates far below market value for properties located in prime areas such as Woodley, where some homes sit on half-acre plots with generous space.
“If you fail to pay Sh10,000 or Sh17,000 for such a property in an area where the minimum market rent is Sh150,000, what are we expected to do with you?” the governor posed.
