High Court halts Nairobi County's Censure action against Chief Officer Lydia Mathia

The High Court has issued conservatory orders temporarily halting Nairobi County Assembly from enforcing a censure motion passed against Chief Officer for Housing and Urban Renewal, Lydia Mathia, pending the hearing and determination of a constitutional petition filed in court.

Justice Bahati Mwamuye restrained the Nairobi County Assembly, the Nairobi City County Public Service Board, and any other parties from implementing or acting upon the resolutions contained in the contested censure motion dated June 19, 2025, and passed on June 24, 2025.

According to court documents, the County Assembly had accused Mathia of gross misconduct, abuse of office, violation of human rights, and disobedience of court orders.

 The Assembly passed resolutions declaring her unfit to hold public office, barring her from transacting any public business, and recommending disciplinary action through the County Public Service Board. It also urged Governor Johnson Sakaja to reassign her from her current position.

However, through her legal team, Mathia challenged the move, terming the Assembly's actions unconstitutional and procedurally flawed.

She argued that the Assembly overstepped its legal mandate, as neither the County Government Act nor the Standing Orders empower it to censure a Chief Officer.

“The Assembly acted without authority, and the entire process is null and void from the outset,” read part of the petition.

Mathia further stated that she was condemned unheard, in violation of her right to a fair hearing under Article 50 and the right to fair administrative action under Article 47 of the Constitution.

She also cited the lack of public participation in the process, contrary to Article 10 of the Constitution, and argued that the Assembly had usurped the powers legally reserved for the County Public Service Board.

“The oversight powers under Article 185 do not confer the authority to make such drastic employment decisions. Chief Officers are employees of the County Public Service Board, not the County Assembly,” she added.

Mathia told the court that unless the resolutions are stayed, she risks being locked out of her office, effectively terminating her role, and being left jobless, with reputational damage that could prevent her from holding any future public office.

The court agreed that the petition raised weighty constitutional issues and certified the matter as urgent, granting temporary orders until the motion is heard inter partes.