The High Court has annulled the appointment of former Cabinet Secretary Aisha Jumwa as Chairperson of the Kenya Roads Board (KRB), citing serious legal and constitutional violations in the process. In a decisive ruling, the court found that the appointment failed to meet the required legal standards, raising fresh concerns about transparency and accountability in public appointments.
In the judgment delivered by Justice Bahati Mwamuye, the court ruled that Jumwa’s appointment did not comply with Section 7 of the Kenya Roads Board Act. The judge further noted that the process breached key constitutional provisions, including Articles 10, 47, and 232, which emphasize principles such as good governance, fair administrative action, and merit-based appointments. According to the court, the process was fundamentally flawed and could not be salvaged. The ruling described the appointment as unlawful from the outset, declaring it null and void.
As part of the ruling, the court invalidated Gazette Notice No. 384 dated January 16, 2025, and Gazette Notice No. 395 dated January 17, 2025, to the extent that they formalized Jumwa’s appointment. The judge emphasized that publishing an appointment in the Gazette does not legitimize a process that is already unconstitutional.
Despite nullifying the appointment, the court declined to overturn decisions made during Jumwa’s time in office. Justice Mwamuye noted that such a move could create unnecessary disruption, especially where some decisions may have served the public interest. The court held that invalidating all actions without assessing their scope and impact would be unreasonable.
The court directed that any future appointment to the position must strictly adhere to both the Kenya Roads Board Act and constitutional requirements. It stressed the need for a transparent, inclusive, and accountable process that upholds the rule of law and ensures fairness in public service appointments.
The ruling marks a significant moment in reinforcing constitutional standards in Kenya’s public sector. It sends a strong message to appointing authorities on the importance of following due process, as scrutiny over public appointments continues to intensify.
