Reprieve for Athman Mwamwiri as High Court Temporarily Reinstates his Position

BY The COAST Reporter

Email, thecoastnewspaper@gmail.com

The High Court in Mombasa has reinstated Athman Mwamwiri as interim majority leader at the County Assembly of Mombasa.

The court issued the interim order restraining the assembly restraining the Speaker of the County Assembly, the County Assembly and Ms Priscilla Mumba from preventing or interfering with Mwamwiri’s execution of his leadership duties.

Apart from that, the court issued a conservatory order to protect, preserve and conserve the status of Mwamwiri’s position at the assembly as it was in August 4, 2025.

The orders will remain in place pending hearing and determination of Mwamwiri’s petition challenging his removal as majority leader.

The court said it was satisfied that the applicant had made out his case for grant of the interim reliefs pending the hearing of the main petition.

“The first respondent’s (Speaker of the County Assembly) characterisation of this dispute as a “purely intra-party affair” is not, with respect, self-evidently correct on the pleadings before me.

The petitioner does not confine his complaint to the propriety of the ODM caucus decision as such,” ruled the court.

The Speaker told the court that members of the County Assembly (MCA’s) belonging to the ODM Party met on July 3, 2025 at committee room 1 of the Assembly and resolved to remove him from the office of Leader of Majority party and replace him with a Ms Mumba.

The County Assembly said that it was not privy to the petitioner’s standing or leadership within his political party, this being an internal matter between himself and his party, and that neither it nor Ms Mumba played any role in the decision to remove him from the office of Leader of Majority party.

Mwamwiri, in his petition, claims that he was not accorded notice of allegations against him opportunity to be heard and defend himself, but instead he was denied access to the documents forming the basis of his purported removal.

Mr Mwamwiri, who is also Likoni Ward MCA sued the Speaker, County Assembly of Mombasa and Ms Mumba in that order.

He wants an order issued quashing and setting aside the resolution of the County Assembly dated August 5, 2025 together with all consequential actions, proceedings or decisions purporting to remove him from the position of the Leader of the Majority party.

Also, he wants a declaration that his purported removal as leader of the majority party in the county assembly was unconstitutional, unlawful null and void for want of compliance with the constitution, the County Governments Act, Standing Orders of the Mombasa County Assembly, the Political Parties Act and the ODM’s constitution.

The petitioner says that the actions of the respondents in purporting to remove him from the position of Leader of the Majority party constituted an administrative action and were subject to strict procedural and substantive requirements.