The High Court in Mombasa has temporarily blocked plans to remove Athman
Rama Mwamiri from his position as Majority Leader of the Mombasa County Assembly,
pending the outcome of a petition contesting his ouster.
In a ruling delivered by Justice Jairus Ngaah, the court issued interim
conservatory orders against the Speaker of the County Assembly, the Assembly
itself and Priscilla Mema Mumba.
The parties have been barred from interfering with Mwamiri's ability to
execute his duties in any manner until the petition is fully heard and
determined.
“An interim or concervtaory order is hereby issued restraining the respondents
either by themselves, agents, servants and/or employees, from preventing,
barring, restricting and/or interfering with the petitioner's/applicant's
performance, discharge and/or execution of his duties as the Leader of
Majority, Mombasa County Assembly, whatsoever and/or howsoever pending the
hearing and determination of this application. It is so ordered,” the court stated.
The legal challenge stems from a communication made in August 2025,
indicating that Mwamiri had been removed from his leadership position.
“On August 5, 2025, the applicant was surprised when the 1st respondent (speaker
of the county assembly) purported to read a notification of change in the
assembly to the effect that the Applicant had been replaced by the 3rd respondent
(Mumba),” the petition read.
Contesting this, Mwamiri moved to court under a certificate of urgency,
claiming the procedure violated the Constitution, the County Governments Act,
and the Standing Orders governing the Assembly.
He said the communication was unfair, wrong, illegal and ultra vires for the
reasons that the speaker did not have the authority to act so.
According to Mwamiri, only his political party, the Orange Democratic
Movement (ODM), holds the legal authority to appoint or remove the Majority
Leader, as stipulated under Section 10 of the County Governments Act and
Standing Order 15.
He further told the court that no ODM party meeting had been convened and
that no official minutes or communication existed to justify his removal.
Mwamiri also argued that the action infringed on his constitutional rights
as outlined under Articles 27, 38 and 47.
He emphasised that the Majority Leader’s role includes significant
privileges, such as an official vehicle, allowances and a seat on the County
Assembly Service Board, all of which were under threat.
The court directed that both the petition and main application be served to
the respondents within seven days from September 1, 2025.
The respondents have also been ordered to file their responses within seven
days of being served.
The case will come up for mention on September 17, 2025, for further
directions.
The conservatory orders issued will remain in place until the petition is conclusively determined.
