Court halts ouster of Nairobi housing chief Lydia Mathia amid eviction row
Justice Bahati Mwamuye, while delivering the ruling, said the resolution of the motion against Mathia should be set aside pending the hearing and determination of her case.
The High Court has halted a move by Nairobi County Assembly to oust embattled Housing Chief Officer Lydia Mathia from office after she moved to court to block her removal.
Justice Bahati Mwamuye, while delivering the ruling, said the resolution of the motion against Mathia should be set aside pending the hearing and determination of her case.
More To Read
- Businesses reeling: Nairobi faces massive losses after June 25 memorial unrest
- Nairobi MCAs censure housing chief Lydia Mathia over evictions
- Nairobi unveils Bill to give public hospitals more autonomy and improve service delivery
- Nairobi MCAs launch probe into Sh10.7 billion "fraudulent" legal claims
- Governor Johnson Sakaja distances self, Nairobi County government from goons seen backing police during protests
- Judge rejects City Hall’s push for mediation in dispute over Kenya Power's Sh6.4 billion bill
"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," the court ruled.
City lawyer Moses Mabeya filed an urgent application seeking to overturn the decision made by the county. Mabeya told the court that the decision emanated from a censure motion dated June 24 and 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.
He also told the court that, when such developments of the County Assembly and the County Government are not stopped on time, they would easily render the petitioner jobless.
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.
Top Stories Today
Reader Comments
Trending
