The High Court has dealt a major setback to former Gender Cabinet Secretary Aisha Jumwa by nullifying her appointment as chairperson of the Kenya Roads Board.
High Court Judge Bahati Mwamuye ruled on May 20 that the government’s appointment of Jumwa contravened legal provisions and public interest.
Consequently, Justice Mwamuye ordered that a new appointment be made following the Kenya Roads Board Act and relevant laws.
“The appointment of Hon. Aisha Jumwa to the Kenya Roads Board is unconstitutional and unlawful from the outset as it failed to comply with Section 7 of the Kenya Roads Boards Act and Articles 10, 47 and 232 of the Constitution of Kenya 2010,” ruled Justice Mwamuye.
“Any new appointment must adhere to the Kenya Roads Board Act and the Constitution.”
The decision comes after High Court Petition E043 of 2025, filed by activist Francis Awino, contested the former Cabinet Secretary’s appointment citing multiple legal breaches.
President William Ruto appointed Jumwa as the non-executive chairperson of the Kenya Roads Board in January 2025, a decision that later generated widespread controversy.
The appointment faced immediate scrutiny regarding Jumwa’s qualifications, with the Institution of Engineers of Kenya challenging the decision shortly after it was announced.
The engineering organization contended that the appointment did not satisfy the legal standards specified in Kenya Roads Board Act No. 7, especially concerning the selection procedure and qualifications required to lead the board.
The Institution further asserted that Jumwa lacked the professional experience necessary for the position, emphasizing her absence of expertise in civil, structural, or transport engineering relevant to the board’s technical functions.
The organization also criticized the appointment process, asserting it violated guidelines outlined in the First Schedule of the Kenya Roads Board Act.
Despite the surrounding controversy, Jumwa formally took office on January 29, 2025, following her confirmation to the Kenya Roads Board. She was welcomed at her new position by numerous senior government officials, including Transport Cabinet Secretary Davis Chirchir.
Nevertheless, the judge refused to invalidate all decisions made during Jumwa’s term, explaining that doing so might undermine measures that could have benefited the public interest.
The court observed that it would be imprudent to annul all decisions without thoroughly comprehending their nature, extent, and consequences.