The High Court has invalidated the appointment of Aisha Jumwa Katana as Chairperson of the Kenya Roads Board, citing constitutional violations.
Justice Bahati Mwamuye ruled on Wednesday that the appointment process failed to meet mandatory legal requirements specified in the Kenya Roads Board Act.
“The appointment of Honourable Aisha Jumwa Katana as Chairperson of the Kenya Roads Board lacked demonstrable compliance with the mandatory statutory framework prescribed under Section 7 of the Kenya Roads Board Act No. 7 of 1999,” the court declared.
The ruling found the appointment process contravened constitutional principles under Articles 10, 47, and 232, which mandate public appointments to uphold transparency, accountability, fairness, and administrative justice.
According to the judgment, procedural flaws in the appointment rendered it legally invalid from inception.
The underscored that legality in public office appointments derives from strict adherence to both the Constitution and relevant legislation.
“Legality stems from fidelity to the Constitution and the enabling law,” Justice Mwamuye emphasized, noting that when statutory procedures are not followed, the resulting decision cannot be sustained.
Consequently, the court issued a declaration nullifying the appointment and quashing the associated official Gazette Notices.
“The appointment of Honourable Aisha Jumwa Katana as Chairperson of the Kenya Roads Board is declared unconstitutional, unlawful, null and void ab initio,” Justice Mwamuye ruled.
The court also invalidated Gazette Notice No. 384 of 16 January 2025 and Gazette Notice No. 395 of 17 January 2025, to the extent they confirmed the appointment.
While voiding the appointment, the court indicated it would not broadly interfere with other actions taken by the officeholder absent specific evidence of illegality in each case.
Justice Mwamuye warned against excessive remedies that could disrupt public administration without proper justification.
“It would be neither reasonable nor proportionate to quash all actions and decisions undertaken… without understanding the status, nature, and scope of those actions,” the court observed, stressing the need for balance between legal requirements and public welfare.
The court further instructed that any future appointment to the position must fully comply with the Kenya Roads Board Act and constitutional standards for public appointments.
These encompass adherence to principles of transparency, inclusivity, accountability, and procedural fairness.
“Publication in the Gazette does not validate an appointment made in violation of statutory requirements,” the court stated.