The High Court has quashed the appointment of former Gender Cabinet Secretary Aisha Jumwa as Chairperson of the Kenya Roads Board (KRB), dealing a major legal setback to the former Cabinet minister and the government.
In a ruling delivered on Wednesday, May 20, Justice Bahati Mwamuye declared that the process used to appoint Aisha Jumwa violated both the Constitution and statutory requirements governing public appointments in Kenya.
The court found that the appointment failed to comply with Section 7 of the Kenya Roads Board Act and also breached Articles 10, 47, and 232 of the Constitution, which outline principles of transparency, accountability, inclusivity and fair administrative action in public service appointments.
Justice Mwamuye ruled that the process was “ultra vires, procedurally infirm and constitutionally unsustainable,” adding that the publication of the appointment through a Gazette Notice could not legalize an unlawful process.
As a result, the court nullified Gazette Notice No. 384 dated January 16, 2025, and Gazette Notice No. 395 dated January 17, 2025, which had formalized Jumwa’s appointment to the influential roads agency.
The case was filed by activist Francis Awino, who challenged the legality of the appointment shortly after President William Ruto named Jumwa as the non-executive chairperson of the board in January 2025.
Jumwa’s appointment had sparked widespread public debate and criticism from governance experts and professional bodies, including the Institution of Engineers of Kenya (IEK).
The engineers’ body argued that the former CS lacked the technical background and qualifications required to head a board tasked with overseeing billions of shillings allocated to road maintenance and infrastructure development.
The Kenya Roads Board plays a central role in the management and allocation of road maintenance funds across the country, making the chairperson position one of the most influential appointments in the transport and infrastructure sector.
Despite nullifying the appointment, the court declined to invalidate all decisions made during Jumwa’s tenure, saying such an action could disrupt government operations and negatively affect actions already undertaken in the public interest.
“It would not be reasonable or proportionate to quash all actions and decisions undertaken… without knowing the status, nature and scope of those actions,” the court stated.
The court further directed that any future appointment to the Kenya Roads Board must strictly comply with constitutional principles and the Kenya Roads Board Act.
The ruling is expected to reignite debate over political appointments in public institutions, especially regarding qualifications, merit and adherence to constitutional procedures.
Jumwa, a seasoned politician from Kilifi County, previously served as Gender Cabinet Secretary under President William Ruto’s administration before leaving Cabinet in 2024.
She has also served as Kilifi Woman Representative and Malindi MP.
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