Court Bars IG, DCI from arresting Nairobi Housing Chief Lydia Mathia

The High Court has issued interim conservatory orders barring the Inspector General of Police and the Director of Criminal Investigations (DCI) from arresting embattled Nairobi County Chief Officer for Housing and Urban Renewal, Lydia Mathia, without a warrant of arrest duly issued by a competent court.

Justice Bahati Mwamuye issued the directive following an application filed by Mathia seeking legal protection amid ongoing investigations into her alleged role in a series of controversial demolitions across the city.

In his ruling, Justice Mwamuye emphasised that the restraining order applies solely to arrests without a court-issued warrant and does not prevent law enforcement agencies from continuing their investigations or summoning Mathia for questioning.

"An interim conservatory order is hereby issued restraining the IG and DCI from arresting the petitioner (Mathia) without a warrant of arrest duly issued by a competent court in connection with the matter pending before this court,” Justice Mwamuye ordered.

“For clarity, this order does not restrain the police from conducting investigations or issuing lawful summons.”

The court ordered that the conservatory orders shall remain in force until November 5, 2025, when the matter will be mentioned for further directions.

The housing official in Nairobi County, through her lawyer Moses Mabeya, asked the court to issue interim orders barring police from arresting her following summons issued by the DCI.

"We urge you to issue conservatory orders barring the IG and DCI from arresting Mathia. If they can investigate her without arresting, then we have no issue," Mabeya informed the judge.

Her lawyer argued that her intended arrest was unwarranted and possibly politically motivated.

The court was told that Mathia had been summoned for questioning on July 24, 2025, but did not appear due to illness.

She wrote to the DCI requesting a rescheduling of the interrogation, but no response had been received as of yesterday.

Her lawyer insisted that the looming arrest was linked to her decision to seek court orders blocking her ouster by the Nairobi County Assembly, which recently passed a motion of censure against her.

"My client’s intended arrest by the state is necessitated by her move to secure court orders last month barring the Nairobi County Assembly from ousting her following a motion tabled by Ngara MCA Chege Mwaura," Mabeya informed the judge.

The motion was tabled by Ngara MCA Chege Mwaura and passed overwhelmingly by Members of the County Assembly.

It accused Mathia of gross misconduct, abuse of office, violation of human rights, and disobedience of court orders in relation to evictions carried out in several Nairobi estates.

In her court documents, Mathia argued that the assembly's decision contravened her rights under Articles 47 and 50 of the Constitution, which guarantee fair administrative action and a fair hearing.

The investigations into Mathia stem from allegations that she orchestrated and oversaw a series of controversial evictions in estates such as Old Ngara, Kariokor, Buruburu, Woodley, and other residential areas. The demolitions reportedly displaced numerous families and triggered protests from affected residents.

It is claimed the operations were conducted without court orders and due legal process, raising concerns over the legality of the actions and the involvement of county officials.

An affidavit opposing Mathia’s petition was filed by Samson N. Gachago, Chairperson of the Woodley Development Initiative CBO.

He argued that Mathia approached the court with "unclean hands", citing her persistent defiance of court orders issued by the Environment and Land Court, which had expressly barred evictions at Woodley and other estates.

Gachago stated that her defiance triggered the current censure efforts and noted that she is facing contempt proceedings for supervising and enabling unlawful evictions, despite a subsisting court order issued on May 9, 2025, and extended on June 4, 2025.

According to MCA Mwaura, despite the existence of a conservatory order in Petition No. ELC E038/2025 barring the evictions, Mathia went ahead and deployed unauthorised individuals to enforce them, leading to destruction of both public and private property.

 Following the censure motion, the Nairobi County Assembly resolved that Mathia be declared unfit to hold public office and directed the Nairobi County Public Service Board to initiate disciplinary proceedings and cease any official engagement with her.

While seeking to nullify the assembly’s resolution, Mathia maintains that the decision was unlawful and infringed upon her constitutional rights.

She continues to contest the legality of both the assembly’s actions and the criminal investigations tied to the evictions.

DCI detectives are reportedly investigating possible violations of the law, including abuse of office, destruction of property, and illegal evictions.

Meanwhile, the county assembly has urged the court to set aside the orders suspending the ouster of Mathia.

"I humbly urge the court to discharge the interim orders and dismiss the application and petition, both dated 26 June 2025, with costs... for being an abuse of court process and an exercise in forum shopping," Speaker of Nairobi County Edward Ombwori Gichana urged the court in an affidavit.

Justice Mwamuye, however, ordered the matter be heard on September 8, 2025, and directed parties to file their pleadings by close of business on August 22, 2025.