The High Court has barred the Inspector General of Police and the Directorate of Criminal Investigations (DCI) from arresting Nairobi County Chief Officer for Housing and Urban Renewal, Lydia Mathia, without a warrant issued by a competent court.

Justice Bahati Mwamuye granted the interim conservatory orders after Mathia sought protection from what she described as a politically motivated and unwarranted arrest over her alleged role in controversial demolitions across Nairobi.

In his ruling, Justice Mwamuye clarified that the orders do not stop police investigations or lawful summons, but strictly prohibit any arrest without a court-sanctioned warrant.

The directive will remain in force until November 5, 2025, when the matter will be mentioned for further directions.

Mathia’s lawyer, Moses Mabeya, told the court that her arrest was being engineered in retaliation for securing earlier court orders blocking her removal from office.

The Nairobi County Assembly had passed a censure motion accusing her of gross misconduct, abuse of office, violation of human rights, and defying court orders on evictions in estates including Old Ngara, Kariokor, Buruburu, and Woodley.

The court heard that Mathia failed to honour a DCI summons on July 24 due to illness, and later requested a new date but received no response. Mabeya said she is ready to cooperate with investigations if due process is observed.

In an affidavit opposing her petition, Samson N. Gachago of the Woodley Development Initiative CBO accused Mathia of “approaching the court with unclean hands” and ignoring Environment and Land Court orders that stopped evictions. Nairobi MCA Chege Mwaura also alleged that she authorised unlawful evictions, leading to destruction of property despite an existing conservatory order.

Following the censure motion, the County Assembly directed the Nairobi County Public Service Board to declare Mathia unfit for office and take disciplinary action.

She has now asked the High Court to nullify that decision, terming it unconstitutional.

The case will be heard on September 8, 2025, with all parties ordered to file their submissions by August 22. The County Assembly has urged the court to lift the protective orders, calling her application an abuse of the court process.