Court declares Aisha Jumwa's appointment as Kenya Roads Board Chairperson unconstitutional

In a judgment delivered by justice Bahati Mwamuye the court found that Jumwa’s appointment was made “without demonstrable compliance” with Section 7 of the Kenya Roads Board Act and in violation of Articles 10, 47 and 232 of the Constitution, which govern transparency, accountability and fair administrative action in public appointments.

The judge held that the appointment process was “ultra vires, procedurally infirm and constitutionally unsustainable,” adding that publication through a Gazette Notice could not legitimize an unlawful process.

“The resultant appointment was therefore unconstitutional, unlawful, null and void ab initio,” the court ruled.

The court consequently issued an order quashing Gazette Notice No. 384 dated January 16, 2025 and Gazette Notice No. 395 dated January 17, 2025, insofar as they related to Jumwa’s appointment as chairperson of the board.

However, the judge declined to invalidate all decisions and actions undertaken during Jumwa’s tenure, saying such sweeping orders could disrupt decisions that may have served the public interest.

“It would not be reasonable or proportionate to quash all actions and decisions undertaken by the first respondent without knowing the status, nature and scope of those actions,” the court stated.

The court further directed that any fresh appointment process must strictly comply with the Kenya Roads Board Act and constitutional principles governing public appointments, including legality, transparency, accountability, inclusivity and procedural fairness.

The case had been filed by activist Francis Owino who challenged the appointment of Jumwa.