The High Court has temporarily barred the Nairobi County Assembly from implementing a censure motion targeting Chief Officer for Housing and Urban Renewal, Lydia Mathia.

Justice Bahati Mwamuye issued conservatory orders halting the enforcement of the Assembly’s resolution pending the hearing of a constitutional petition filed by Mathia.

The contested motion, dated June 19 and passed on June 24, accuses Mathia of gross misconduct, abuse of office, human rights violations, and defiance of court orders.

In its resolutions, the Assembly declared her unfit to serve, recommended disciplinary measures through the Nairobi City County Public Service Board, and urged Governor Johnson Sakaja to reassign her.

However, Mathia moved to court, arguing that the Assembly overstepped its legal authority. Through her lawyers, she claimed that the County Government Act and Standing Orders do not empower the Assembly to censure Chief Officers. She termed the move unconstitutional and procedurally flawed.

“The Assembly lacked the legal mandate to take such action. The entire process is void from the outset,” her petition states.

Mathia also claimed she was denied a fair hearing, violating Articles 47 and 50 of the Constitution, which guarantee fair administrative action and the right to be heard. Additionally, she faulted the Assembly for failing to conduct public participation, contrary to Article 10.

She argued that decisions regarding Chief Officers fall under the jurisdiction of the County Public Service Board, not the Assembly. “Oversight powers under Article 185 do not include authority over employment matters,” she said, warning that enforcement of the resolution would effectively lock her out of office and irreparably damage her professional reputation.

The court, finding the petition raised serious constitutional concerns, certified the matter as urgent and granted temporary orders blocking the implementation of the Assembly’s resolution until the case is heard and determined.