Reprieve for Chief Officer Lydia Mathia as court bars her removal
Justice Bahati Mwamuye directed that she remains in office until the petition is heard and determined.
The High Court has issued temporary orders stopping the removal of the embattled Nairobi City County Chief Officer for Housing and Urban Renewal Lydia Mathia.
This is after Mathia moved to court seeking her removal to be blocked.
In a ruling delivered by Justice Bahati Mwamuye today, Mathia shall remain in office until the petition is heard and determined.
“Pending the interparty hearing and determination of the petition, a conservatory order be and is hereby issued restraining the respondents, jointly and Severally, and the interested party and any other person or both of them from implementing, enforcing or acting in reliance of the resolution emanating from the said censor motion which was passed against the petitioner,” Mwamuye ruled.
In a petition filed by her counsel Moses Mabeya, Mathia stated that the decision to recommend her removal from office by the assembly to the County Service Board was illegal and unconstitutional.
“The petitioner was condemned unheard, in direct violation of the constitutional guarantee to a fair hearing under Article 30. No prior Notice, Summons, or opportunity to respond was awarded to her before the censor motion was tabled, debated, and adopted,” Mabeya told the court.
In the petition, which was filed as urgent, Mabeya told the court that if restraint orders were not issued that she would be rendered jobless by the County easily.
He further told the court that the decision of the county Assembly and the county government declaring her client unfit to hold any office was dangerous and could negatively affect her life.
Mabeya also told the court that there is an imminent danger of the respondents restricting the petitioner from accessing her office to execute her lawful mandate, which will lead to direct firing by the people of Nairobi City, whom she serves in her capacity.
“Unless this court intervenes on time, there is imminent danger that the petitioner will be blocked from accessing her office, and this would lead to firing,” he told the court.
He raised other constitutional issues that he wanted the court to consider while urgently handling the matter.
Early this week, the Nairobi City County Assembly recommended the removal of Lydia Mathia, over the eviction of tenants of County houses in Ngara, Kariokor, Buruburu, Kariobangi, and Woodley.
In a censure motion sponsored by Ngara Member of the 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, 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 also recommended that the Nairobi City County Public Service Board immediately commence 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.
