High Court Nullifies Aisha Jumwa’s Appointment as Kenya Roads Board Chairperson

High Court Nullifies Aisha Jumwa’s Appointment as Kenya Roads Board Chairperson

The High Court has dealt a major legal and political blow to former Gender Cabinet Secretary Aisha Jumwa after nullifying her appointment as the non-executive chairperson of the Kenya Roads Board.

In a landmark ruling delivered on Wednesday, May 20, Justice Bahati Mwamuye declared that Jumwa’s appointment violated constitutional principles, statutory requirements, and public interest standards governing appointments to public office.

The court subsequently directed the government to initiate a fresh appointment process in strict compliance with the Kenya Roads Board Act and the Constitution.

“The appointment of Hon. Aisha Jumwa as a member of the Kenya Roads Board is unconstitutional and unlawful ab initio as it did not comply with Section 7 of the Kenya Roads Boards Act and Articles 10, 47 and 232 of the Constitution of Kenya 2010,” Justice Mwamuye ruled.

“A fresh appointment must follow the KRB Act and the Constitution,” the judge added.

The ruling followed Petition E043 of 2025 filed by activist Francis Awino, who challenged the legality of Jumwa’s appointment shortly after President William Ruto named her to the influential roads agency in January 2025.

Awino argued that the appointment failed to meet the legal threshold set out under the Kenya Roads Board Act and ignored constitutional requirements relating to transparency, merit, integrity, and fair administrative action.

The appointment had sparked intense national debate, with critics questioning both the selection process and Jumwa’s qualifications for the technically sensitive role overseeing road maintenance and infrastructure funding.

Among the most vocal opponents was the Institution of Engineers of Kenya, which formally challenged the appointment days after it was announced.

The engineers’ body maintained that the former CS lacked the professional and technical expertise required to chair an institution responsible for overseeing major infrastructure planning and funding decisions.

According to the organisation, the law requires individuals appointed to the board to possess relevant knowledge and experience aligned with the transport and engineering sectors.

The Institution of Engineers of Kenya argued that Jumwa did not possess expertise in civil, transport, or structural engineering, raising concerns over whether the appointment met the spirit and intent of the Kenya Roads Board Act.

The petitioners also faulted the government for allegedly failing to conduct a transparent and competitive recruitment process before the appointment was made.

Despite the criticism, Jumwa officially assumed office on January 29, 2025, during a ceremony attended by senior government officials, including Transport Cabinet Secretary Davis Chirchir.

Her appointment was widely viewed as part of broader political realignments within government following Cabinet reshuffles and restructuring under President Ruto’s administration.

However, Wednesday’s court decision now raises fresh questions over public appointments and adherence to constitutional standards in state corporations and agencies.

Even so, the court stopped short of invalidating decisions made by the board during Jumwa’s tenure, arguing that nullifying all actions undertaken during her time in office could create administrative uncertainty and negatively affect public interest projects.

“It would be unreasonable to quash all decisions without fully understanding their nature, scope and impact,” the court observed.

Legal analysts say the ruling could have far-reaching implications for future government appointments, especially in cases where professional qualifications and procedural fairness are questioned.

The judgment also reinforces growing judicial scrutiny over appointments to public office, particularly where courts believe constitutional values such as accountability, transparency, and meritocracy may have been overlooked.

Political observers now expect the government to move quickly to appoint a new chairperson to avoid disruptions at the Kenya Roads Board, an agency responsible for managing billions of shillings allocated for road maintenance and infrastructure projects nationwide.

The ruling comes at a time when the government is under increasing pressure to demonstrate compliance with constitutional principles in public service appointments amid mounting calls for reforms in state agencies and parastatals.

While Jumwa has not publicly responded to the judgment, the decision is expected to trigger fresh political debate over appointments within President Ruto’s administration and the balance between political loyalty and professional competence in public office.

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High Court Nullifies Aisha Jumwa’s Appointment as Kenya Roads Board Chairperson