The High Court sitting in Nairobi has suspended the move by County assembly and the County Government of Nairobi from proceeding with its plan of ousting embattled Housing Chief Officer Lydia Mathia from office after she moved to court to block the same.
Judge Bahati Mwamuye while delivering the ruling, said that the resolution of the cendor motion against her, be placed aside pending the hearing and determination of her case.
” Pending the inter party 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
The ruling comes after City lawyer Moses Mabeya filed an urgent application before the court seeking to overturn the decision made by the county government.
Mabeya told the court that the decision by County Government, emanated from a censor 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 in his application 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 that 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 where 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 handling the matter in an urgent way.
