Former Cabinet Secretary Aisha Jumwa has suffered a major legal setback after the High Court nullified her appointment as Chairperson of the Kenya Roads Board (KRB), ruling that the process used to appoint her failed to meet constitutional and legal standards.
In a judgment delivered by Justice Bahati Mwamuye, the court found that the appointment process did not properly comply with Section 7 of the Kenya Roads Board Act and breached constitutional provisions governing public appointments.
The petition had been filed by activist Francis Awino, who challenged the legality and transparency of the appointment process before the High Court.
According to the court, the process violated Articles 10, 47 and 232 of the Constitution which require accountability, transparency, fairness and proper administrative procedures in state appointments.
Justice Mwamuye stated that there was no satisfactory evidence showing the appointment had been carried out in accordance with the law, adding that gazettement alone could not legalize a flawed process.
“The resultant appointment was therefore unconstitutional, unlawful, null and void ab initio,” the court ruled.
The judge further described the appointment process as legally defective and inconsistent with constitutional expectations on governance and public service appointments.
As a result, the court quashed Gazette Notice No. 384 dated January 16, 2025 and Gazette Notice No. 395 dated January 17, 2025 relating to Jumwa’s appointment as chairperson of the board.
However, the court declined to invalidate all decisions made during Jumwa’s tenure, noting that such an order could interfere with 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,” the judge stated.
The court also directed that any future appointment to the Kenya Roads Board must strictly comply with both the Constitution and statutory requirements, including procedural fairness, transparency, inclusivity and accountability.
The ruling marks another significant constitutional challenge successfully pursued by Awino, who has increasingly emerged as one of the activists actively challenging public appointments and government decisions through the courts.
