The High Court has struck down the appointment of former Cabinet Secretary Aisha Jumwa as Chairperson of the Kenya Roads Board, ruling that the entire process was unconstitutional, unlawful and void from the very beginning.
In a judgment delivered by Justice Bahati Mwamuye, the court found that Jumwa’s appointment failed to meet the legal and constitutional standards required for public appointments, citing a complete absence of compliance with Section 7 of the Kenya Roads Board Act.
The court further ruled that the process violated Articles 10, 47 and 232 of the Constitution provisions that demand transparency, accountability, inclusivity and fair administrative action in all state appointments.
“The appointment process was ultra vires, procedurally infirm and constitutionally unsustainable,” Justice Mwamuye ruled. “The resultant appointment was therefore unconstitutional, unlawful, null and void ab initio.”
The court also made clear that publishing the appointment through a Gazette Notice did not make an illegal process legal. As a result, the judge quashed Gazette Notice No. 384 dated January 16, 2025 and Gazette Notice No. 395 dated January 17, 2025, which had formally installed Jumwa as chairperson.
The petition was brought by activist Francis Awino, who challenged the legality of the appointment process.
However, the court stopped short of invalidating all decisions made during Jumwa’s time at the board, cautioning that such a sweeping order could disrupt actions already undertaken in the public interest.
“It would not be reasonable or proportionate to quash all actions and decisions undertaken by the first respondent without knowing the status, nature and scope of those actions,” Justice Mwamuye observed.
The judge directed that any future appointment to the position must strictly follow both the Kenya Roads Board Act and constitutional principles governing public service appointments. The ruling is expected to sharpen scrutiny over how the government fills key public positions and serves as a firm reminder that no appointment however high-profile is above the law.
