The High Court has nullified the appointment of former Gender Cabinet Secretary Aisha Jumwa as non-executive chairperson of the Kenya Roads Board, in a detailed judgment that declared the process unconstitutional, unlawful, and procedurally flawed.
The ruling arises from the case FRANCIS AWINO VS State Law Office AND Hon. Aisha Jumwa Katana AND 2 Others, challenging the legality of a presidential appointment made in January 2025. President William Ruto had appointed Jumwa through Gazette Notice dated January 17, 2025, giving her a three-year term as chairperson of the state agency responsible for overseeing road maintenance funding and coordination.
The court heard that the appointment also revoked the previous appointment of Ahmed Kolosh Mohamed. However, petitioners argued that the process failed to comply with Section 7 of the Kenya Roads Board Act and violated constitutional provisions requiring transparency, accountability, and fair administrative action.
In its judgment, the court agreed, finding that the appointment did not meet the legal threshold required for public office appointments.
“The appointment of the first respondent as chairperson of the Kenya Roads Board was undertaken without demonstrable compliance with the mandatory statutory framework established under Section 7 of the Kenya Roads Board Act and in violation of Articles 10, 47, and 232 of the Constitution,” the judge ruled.
The court further held that the appointment was “ultra vires, procedurally infirm, and constitutionally unsustainable,” adding that once illegality is established, the court is obligated to intervene to restore constitutional order.
President Ruto had earlier publicly signaled political goodwill towards Jumwa following her exit from Cabinet in 2024 after a major government reorganisation triggered by the Gen Z protests. Speaking in Watamu on July 26, 2024, the President assured supporters that Jumwa would not be left out of government.
“She is my sister, she will walk with me, I will not leave her,” Ruto said at the time.
Despite this political background, the court emphasized that appointments must strictly follow the law and cannot be validated by political promises or Gazette notices alone.
The court quashed Gazette Notice No. 384 of January 16, 2025, and Gazette Notice No. 395 of January 17, 2025, stating that gazettement does not cure illegality where due process is not followed. However, the judge declined to nullify all decisions made during Jumwa’s tenure, citing public interest and potential disruption to governance.
Each party was ordered to bear its own costs.
The judgment, delivered in the constitutional petition FRANCIS AWINO VS State Law Office AND Hon. Aisha Jumwa Katana AND 2 Others, reinforces the principle that public appointments must strictly comply with constitutional and statutory requirements regardless of political considerations.
