ODM wrangles spill into Mombasa Court as Mwamwiri fights ouster

The fight between two ODM camps in Mombasa County has spilled over to the court.

This is after County Assembly Leader of Majority Athman Mwamwiri was ousted by Members of County Assembly (MCAs) allied to a local politician, who moved to court to stop the mess.

Mr Mwamwiri, who is the Likoni MCA, has temporarily reclaimed the seat after the High Court ordered the Mombasa County Assembly Speaker, Mr Aharub Khatri, not to interfere with his duties as Majority Leader in the House.

Justice Jairus Ngaah issued this order after he certified Mr Mwamwiri's application as urgent following his complaints against the Speaker and the County Assembly for allegedly having illegally removed him from office.

“I am satisfied that the applications are urgent. I direct that the main motion be served upon the respondents within seven days,” said Justice Ngaah.

Justice Ngaah directed that the matter be mentioned on September 17 after the Speaker and others have responded.

Mwamwiri moved to court on August 25 this year, after some MCAs purportedly impeached him and elected Ms Pricilla Mumba as the new Majority Leader.

“Meanwhile, an interim or conservatory 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,” said Justice Ngaah.

Mwamwiri said he was purportedly removed as Leader of Majority in the County Assembly because of his loyalty, diligence and faithfulness to ODM, which chose him in compliance with Standing Order 15 of Mombasa County Assembly.

“I have remained faithful not only to the national principles in Article 10 of the Constitution but also promoted the party vision and mission under Article 5 of the ODM constitution,” said Mwamwiri.

He argued that the Members of County Assembly who voted him out had no authority to do so because the law does not allow them.

“On August 5, 2025, I was surprised when the Speaker purportedly read a notification in the County Assembly that there was a change to the effect that I had been replaced,” said Mwamwiri.

He said according to Mombasa County Assembly Standing Order Number 15, ODM MCAs are the ones mandated by law to elect or replace the Leader of Majority.

He also explained that according to the County Government Act, the selection of Leaders of Majority is the prerogative of the political party and not the office of the Speaker.

The MCA argues that since the party did not meet to decide his fate, his replacement by Ms Mumba was an illegality which the courts should not entertain.

He complained that despite his party headquarters not having supported the decision of the Speaker and the MCAs, they still went ahead and illegally replaced him.

Mwamwiri accused the County Assembly of allowing Ms Mumba to illegally draw allowances she was not qualified for and even use the public vehicle reserved for the Leader of Majority illegally, despite knowing the action was wrong.

The MCA accused the Speaker and the MCAs of undermining democracy in the party by not following the ODM constitution.

“The said actions of the respondents, without proper legal clothing, are undermining the dignity and authority of democracy as enshrined in the Constitution,” said Mwamwiri.