The High Court in Nairobi has halted the County Assembly and the County Government of Nairobi from proceeding with their efforts to remove Housing Chief Officer Lydia Mathia from her position, following her legal action to contest the move.
In his ruling, Judge Bahati Mwamuye ordered that the resolution related to the censure motion against Mathia be set aside until her case is fully heard and resolved.
The court issued a conservatory order preventing the respondents and any involved parties from enforcing or acting upon the censure motion that had been passed against her.
This decision came after attorney Moses Mabeya filed an urgent application, arguing that the county government’s actions, stemming from a censure motion dated June 24, were both illegal and unconstitutional.
Mabeya emphasized that Mathia was denied a fair hearing, as she was not given prior notice or an opportunity to respond before the motion was debated and adopted, which he claimed violated her constitutional rights.
He further warned that if the actions of the County Assembly and Government were not promptly addressed, they could jeopardize Mathia’s employment and adversely impact 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 that 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 where 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 handling the matter in an urgent way.
