The High Court has invalidated the appointment of former Cabinet Secretary Aisha Jumwa as Chairperson of the Kenya Roads Board, determining that the procedure contravened both constitutional and statutory provisions.
Justice Bahati Mwamuye’s judgment concluded that Jumwa’s appointment occurred “without demonstrable compliance” with Section 7 of the Kenya Roads Board Act and breached Articles 10, 47 and 232 of the Constitution, which address transparency, accountability and fair administrative procedures in public appointments.
The judge determined the appointment process was “ultra vires, procedurally infirm and constitutionally unsustainable,” emphasizing that publication through a Gazette Notice could not validate an illegal procedure.
“Consequently, the appointment was deemed unconstitutional, unlawful, null and void ab initio,” the court declared.
Accordingly, the court issued an order nullifying Gazette Notice No. 384 dated January 16, 2025 and Gazette Notice No. 395 dated January 17, 2025, in relation to Jumwa’s appointment as board chairperson.
Nevertheless, the judge refused to invalidate all decisions and actions taken during Jumwa’s tenure, stating that such comprehensive orders could interfere with measures that may have benefited the public interest.
“It would not be reasonable or proportionate to annul all actions and decisions made by the first respondent without understanding their status, nature and scope,” the court observed.
The court additionally directed that any new appointment procedure must strictly adhere to the Kenya Roads Board Act and constitutional principles governing public appointments, encompassing legality, transparency, accountability, inclusivity and procedural fairness.
The legal challenge had been initiated by activist Francis Awino, who contested Jumwa’s appointment.