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Nairobi MCAs censure housing chief over evictions, demand her removal

Nairobi MCAs censure housing chief over evictions, demand her removal
Nairobi MCAs during a plenary sitting
In Summary

The Chief Officer is said to have overseen the forceful removal of tenants in Old Ngara, New Ngara, Kariokor, Buruburu, Kariobangi, Woodley and other estates, despite a pending court case.

Nairobi County Assembly has voted to censure Housing and Urban Renewal Chief Officer Lydia Mathia, holding her responsible for recent evictions in several city estates that defied court orders and left families homeless.

The motion, tabled by Ngara MCA Chege Mwaura, accused Mathia of gross misconduct, abuse of office, and willful disobedience of a conservatory court order that barred the evictions.

The Chief Officer is said to have overseen the forceful removal of tenants in Old Ngara, New Ngara, Kariokor, Buruburu, Kariobangi, Woodley and other estates, despite a pending court case. Affected residents reported destruction of property, harassment by unidentified goons, and abrupt demolitions without notice or compensation.

“I have never seen any eviction notice being brought by the executive before this House,” said Majority Leader Peter Imwatok during the heated debate.

“The department led by the said Chief Officer has failed the county. We cannot keep quiet as an assembly, just to wait for our seniors at the Senate to speak on our behalf. There is a problem in this city on evictions and the change starts today — and that is why Lydia Mathia must go.”

The motion passed with overwhelming support, as MCAs called for immediate disciplinary action.

“Our powers as a House must be exercised today and we say Lydia must go,” said Majority Whip Moses Ogeto.

“We don’t want the Governor to even reassign her, but to discharge her. We vetted her before this House but she has shown us and Nairobi residents no remorse and failed to obey court orders.”

Speaker Kennedy Ng’ondi defended the admissibility of the motion amid criticism from a few MCAs, confirming that it met the threshold for debate.

“You cannot purport to say the evidence is hot air,” he told Kileleshwa MCA Robert Alai, who had opposed the motion, saying, “It is very unfair to treat a junior staff the way the assembly wants to sacrifice Mathia. This motion is full of vendetta and I believe the evidence presented is hot air.”

Alai questioned the authenticity of the audio evidence tabled in the House, arguing that it was not certified by an expert. But the Speaker maintained the motion had followed procedure.

South B MCA Waithera Chege also dismissed the motion, warning the Assembly against targeting the wrong person.

“I oppose this motion. We have the County Government Act which speaks about the appointing powers, and in this case, the appointing power is the Governor,” she said. “This assembly is trading its gun to the wrong person. The motion is being sponsored by the Governor and I dare the assembly to bring an impeachment motion against him.”

The Assembly further resolved that Mathia is unfit to hold public office and should not be reassigned to any other position within the county or public service. It also directed that all county business involving Mathia in her current role should cease immediately.

The Nairobi County Public Service Board has been tasked with initiating disciplinary proceedings to remove her from office.

The motion follows public outcry and disturbing accounts from affected residents who said the evictions were carried out violently, without notice and with no regard for a standing court order.

“By the time I returned, my house had been broken into, my bags had been taken, and strangers were walking around with my clothes,” said one tenant in Buruburu. “I had already paid my rent, and I don't understand why this is happening.”

Mwaura, the motion sponsor, said the directive to evict tenants came directly from Mathia and accused her office of frustrating tenants from accessing their homes even after the court order. He said the evictions violated Articles 10 and 73 of the Constitution which demand accountability and respect for public service.

The Assembly also ordered investigations into the loss of property, labeling the entire operation as influenced by "mafia directives", and demanded reinstatement of the affected tenants. However, compensation for the victims remains uncertain.

The county government had earlier served tenants with notices demanding huge sums in rent arrears, without clear breakdowns. Tenants argued this violated a 2021 gazette notice that waived all rent arrears up to 2019. Governor Sakaja later told the Senate that some tenants owed millions in unpaid rent, insisting that no one was above the law.

With the Assembly’s censure now on record, the spotlight shifts to the Public Service Board and whether it will act to remove Mathia as directed.

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