The High Court has voided the appointment of former Cabinet Secretary Aisha Jumwa as Chairperson of the Kenya Roads Board (KRB).
In a judgment delivered by Justice Bahati Mwamuye, the court determined that the appointment failed to comply with Section 7 of the Kenya Roads Board Act.
It also breached constitutional provisions under Articles 10, 47, and 232, which set out principles of transparency, accountability, and fair administrative action in public service appointments.
The court found that the appointment process violated constitutional requirements by failing to meet standards of transparency, accountability, fairness, and proper procedure in public service hiring.
Justice Mwamuye stated that the failure to follow these principles rendered the appointment unconstitutional and legally unsustainable.
“The appointment of Honourable Aisha Jumwa Katana as Chairperson of the Kenya Roads Board was undertaken without demonstrable compliance with the mandatory statutory framework prescribed under Section 7 of the Kenya Roads Board Act,” the court ruled.
Court Nullifies Aisha Jumwa Appointment Over Illegal Process
The judge further noted that attempts to formalize the appointment through publication in the Kenya Gazette did not legitimize the flawed process.
Also Read: Ruto and His CSs Announce New Appointments Across Key State Agencies
“Legality flows from fidelity to the Constitution and the enabling law,” Justice Mwamuye stated, adding that any decision made outside that framework cannot stand.
As a result, the High Court issued orders quashing Gazette Notice No. 384 dated January 16, 2025, and Gazette Notice No. 395 dated January 17, 2025, insofar as they confirmed Jumwa’s appointment.
The court ruled that the appointment was unconstitutional, unlawful, and invalid from the start, meaning it had no legal effect from the moment it was made.
However, the ruling stopped short of annulling all actions taken during Jumwa’s tenure as chairperson. Justice Mwamuye cautioned against issuing sweeping orders that could destabilize public administration or undo decisions that may have benefited the public.
“It would not be reasonable or proportionate to quash all actions and decisions undertaken… without knowing the status, nature and scope of those actions,” the court observed.
The judge emphasized the need to strike a balance between upholding the law and protecting the public interest, noting that not every decision made during an unlawfully constituted tenure is automatically invalid.
In addition, the court directed that any future appointment to the position of Kenya Roads Board chairperson must strictly adhere to both the Kenya Roads Board Act and constitutional requirements.
These include clear compliance with procedural rules and observance of principles such as transparency, inclusivity, legality, and accountability.
Also Read: Ruto Announces Reappointments in State Corporations
Ruto’s Appointment of Aisha Jumwa to the Kenya Roads Board
President William Ruto had appointed former Gender and Affirmative Action Cabinet Secretary Aisha Jumwa to a senior government role as the non-executive Chairperson of the Kenya Roads Board (KRB).
In a Gazette notice dated Friday, January 17, 2025, the President formally named Jumwa to the position for a three-year term effective the same day.
The notice indicated that her appointment was made under Section 7(1)(a) of the Kenya Roads Board Act, read together with Section 51(1) of the Interpretation and General Provisions Act.
At the same time, the President revoked the appointment of Ahmed Kolosh Mohamed, paving the way for Jumwa to take over as chair of the board, which oversees road funding and maintenance across the country.
