High Court issues injunction to stop removal of Mombasa County Assembly Majority Leader
The court barred the respondents, their agents, and employees from preventing, harassing, or restricting him until the case is determined.
The High Court in Mombasa has stopped attempts to remove Athman Rama Mwamiri as Majority Leader of the County Assembly, pending the hearing of a petition challenging his ouster.
Justice Jayrus Ngara issued interim conservatory orders restraining the Speaker of the County Assembly, the Assembly, and Priscilla Mema Mumba from interfering with Mamari's performance of his duties.
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The court barred the respondents, their agents, and employees from preventing, harassing, or restricting him until the case is determined.
"A conservatory order is issued restraining the respondents, their agents, servants, or employees from preventing, harassing, restricting, or otherwise interfering with the petitioner's performance and execution of his duties as Leader of Majority at the County Assembly", the ruling reads.
The dispute arose after a communication in August 2025 indicated that Athman had been replaced.
He moved to court under a certificate of urgency, arguing that the decision was unlawful and violated the Constitution, the County Governments Act, and the Assembly's Standing Orders.
Athman maintains that under Section 10 of the County Governments Act and Standing Order 15, only his party—the Orange Democratic Movement (ODM)—can nominate or replace a Majority Leader.
He told the court that no ODM meeting was convened and no official minutes or communication were issued to validate his removal.
Through his lawyer, Peter Mabuka, the legislator further claimed that his constitutional rights under Articles 27, 38, and 47 were infringed.
He noted that the Majority Leader's office carries key privileges, including allowances, an official vehicle, and membership in the Assembly's Service Board, which are now at risk.
The judge certified the matter urgent and directed that the substantive motion be served on the respondents within seven days, who must also file their responses within the same period.
The case will be mentioned on September 17 for further directions.
The orders remain in force until the petition is heard and determined.
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