Justice Bahati Mwamuye issued orders blocking the Nairobi County Assembly and the County Government of Nairobi from enforcing a censure motion against her.
The court will allow the matter to proceed before making a final decision.
Court blocks censure motion against Mathia
Justice Mwamuye directed the parties to maintain the current position until the court hears and determines Mathia’s petition.
The judge barred the respondents and any other parties from acting on the censure motion passed against her.
The orders followed an urgent application filed by city lawyer Moses Mabeya on behalf of Mathia.
Lawyer challenges removal process
Mabeya argued that the county authorities acted unlawfully when they passed the censure motion dated June 24.
According to the lawyer, Mathia did not receive a notice or an opportunity to defend herself before the motion reached the County Assembly.
“The petitioner was condemned unheard, in violation of her constitutional right to a fair hearing,” Mabeya told the court.
He added that the process violated Article 50 of the Constitution, which guarantees fair administrative action.
Mathia feared losing her position
Mabeya told the court that the decision could force Mathia out of office before the petition receives a hearing.
He warned that the county authorities could block her from accessing her office and performing her official duties.
Additionally, the lawyer said the censure motion could damage Mathia’s reputation and career.
Court to determine legality of motion
The High Court will now hear the petition and decide whether the censure process followed the law.
Meanwhile, Mathia will remain in office as the court reviews the case.
