Ousted Majority Leader granted reprieve in court

The High Court in Mombasa has temporarily stopped the removal of Athman Mwamwiri as Leader of Majority in the Mombasa County Assembly.

Justice Jairus Ngaah declined to set aside his orders in an application filed by Mombasa County Assembly Speaker Aharub Khatri seeking Mwamwiri’s ouster.

Khatri argued that Mwamwiri obtained conservatory orders through non-disclosure of material facts and that he misled the court that the decision to remove him was made by the assembly.

The Speaker said the vote was not done by the Assembly but by members of the ODM, the Majority party, in their meeting held on July 3, 2025.

He also denied the assertion by Mwamwiri that the Assembly and the Speaker participated in the decision or process of his removal from office.

Khatri said that the dispute between Mwamwiri and his party ought to have been resolved under the Political Parties Act cap. 7D and, therefore, the court lacks jurisdiction to entertain the petition.

But Mwamwiri said that at no point, since his election in 2022, did the ODM party members of the County Assembly of Mombasa hold a meeting to discuss changes in the Assembly leadership.

“I was surprised to learn through the Assembly Order paper of August 5, 2025, and the communication from the Speaker, to the effect that there was a change of leadership of the Majority Party in the County Assembly and that Priscilla Mumba was now the majority party leader,” said Mwamwiri.

In his application, Mwamwiri asked the court to make a declaration that his purported removal was unconstitutional, unlawful, null and void ab initio.

He said the removal was not compliant with the Constitution, the County Governments Act, the Standing Orders of the Mombasa County Assembly, the Political Parties Act, and the Constitution of ODM party.

He said that his removal without approval from ODM, a valid resolution of the majority members of the County Assembly and without affording him an opportunity to be heard, violated Articles 27, 35, 47, 48, 50 and 236 of the Constitution.

Mwamwiri said failure to provide him with the requested documents forming the basis of his purported removal contravened his constitutional right of access to information under Article 35 of the Constitution and further violated the principles of transparency, accountability and fair administrative action.

He applied for the quashing, setting aside the resolution of the Mombasa County Assembly dated August 5, 2025, together with all consequential actions purporting to remove him from the position of Leader of the Majority Party.

Mwamwiri asked the court to compel Khatri to reinstate him as the duly recognised Leader of Majority with full rights, privileges and benefits. He also sought to stop the Assembly and the Speaker from installing Mumba as the Leader of Majority.

He also filed an application seeking conservatory orders restraining the County Assembly and Speaker from interfering with his duties as the Leader of Majority, pending the hearing and determination of this application. 

“For the foregoing reasons, I am not persuaded that I need not have granted the conservatory order of September 1, 2025. I reject the 1st respondent’s (Khatri) application of September 8, 2025, and, for the avoidance of doubt, the order made on September 1, 2025, shall remain in force pending the hearing and determination of the substantive motion for conservatory orders,” said Justice Ngaah.