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 setback to the government over appointments to key State agencies.
Justice Bahati Mwamuye on Wednesday declared Jumwa’s appointment unconstitutional, unlawful and against public interest, saying the process failed to comply 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.
The judge further directed the government to initiate a fresh appointment process in line with the law, emphasizing the need for transparency, accountability and merit in public appointments.
“A fresh appointment must follow the KRB Act and the Constitution,” the court ordered.
The ruling is being seen as another significant court intervention targeting appointments made by the Executive, particularly where due process and public participation are questioned.
The court found that the appointment did not meet constitutional standards on fair administrative action, integrity, transparency and competitiveness in public service recruitment.
Jumwa had been appointed to chair the roads agency after leaving Cabinet following President William Ruto’s reshuffle in 2024.
Her appointment attracted criticism from sections of civil society and governance activists who questioned the legality of the process and suitability criteria used.
The Kenya Roads Board plays a critical role in the management and allocation of billions of shillings collected through the Roads Maintenance Levy Fund, which finances road maintenance and infrastructure projects across the country.
The chairperson therefore oversees one of the most influential agencies in Kenya’s transport and infrastructure sector.
The judgment could now trigger fresh scrutiny of appointments to State corporations and parastatals, especially those challenged over alleged failure to follow constitutional procedures.