By Andrew Kariuki

The High Court has invalidated the appointment of former Cabinet Secretary Aisha Jumwa as Chairperson of the Kenya Roads Board (KRB), finding that the process used to place her in office fell short of constitutional and statutory requirements.

In a ruling delivered by Justice Bahati Mwamuye in Petition E043 of 2025, Francis Awino versus the State Law Office, Hon. Aisha Jumwa Katana and two others, the court concluded that the appointment process was not conducted in accordance with the law governing appointments to the roads board.

The court determined that the process failed to satisfy the provisions of Section 7 of the Kenya Roads Board Act and also violated constitutional principles tied to transparency, accountability and fair administrative action.

Justice Mwamuye observed that the appointment did not meet the standards set under Articles 10, 47 and 232 of the Constitution, which require openness, integrity and fairness in public appointments and decision-making.

According to the judgment, there was no clear evidence showing that the legal procedures required before appointing a chairperson of the board had been properly followed.

The judge stated that the irregularities surrounding the appointment could not be cured merely by publishing the decision through gazette notices.

“The resultant appointment was therefore unconstitutional, unlawful, null and void ab initio,” the court held.

The court further described the process as having exceeded legal authority and being constitutionally defective.

As a result, the court quashed Gazette Notice No. 384 dated January 16, 2025 and Gazette Notice No. 395 dated January 17, 2025 in so far as they related to Jumwa’s appointment to the board.

However, Justice Mwamuye declined to cancel all decisions made during Jumwa’s tenure at KRB, saying the court had not been provided with sufficient details regarding the nature and effect of those decisions and that nullifying them wholesale could affect matters 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,” the judge stated.

The court also directed that any future appointment to the position must strictly adhere to constitutional principles and the requirements laid out under the Kenya Roads Board Act, including procedural fairness, transparency, accountability and inclusivity.

The petition challenging Jumwa’s appointment had been filed by activist Francis Awino.