The High Court in Nairobi has quashed the appointment of former Cabinet Secretary for Public Service Aisha Jumwa as chair of the Kenya Roads Board after it concluded that the process breached both constitutional and statutory requirements.

Delivering the ruling, Justice Bahati Mwamuye found that the appointment violated articles 10, 47 and 232 of the constitution that provide for transparency, accountability and fair administrative action in public appointments.

The judge described the process as “ultravires, procedurally infirm and constitutionally unsustainable.” He explained that publishing the appointment in a Kenya Gazette Notice does not cure an unlawful process.

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

It also quashed Gazette Notice No.384 dated January 16, 2025, and Gazette Notice No.395 dated January 17, 2025, to the extent that they appointed Jumwa as board chairperson.

However, Justice Mwamuye declined to nullify all decisions made during her tenure. He said such an order could disrupt actions that may have been in 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,” he said.

The court ordered that any future appointment must strictly follow the Kenya Roads Board Act and constitutional principles of legality, transparency, accountability, inclusivity and procedural fairness.

The case was filed by rights activist Francis Awino, who questioned Jumwa’s appointment, which he described as un-procedural.

The judge described the process as “ultra vires, procedurally infirm and constitutionally unsustainable.”

The court ordered that any future appointment must strictly follow the Kenya Roads Board Act and constitutional principles of legality, transparency, accountability, inclusivity and procedural fairness.

•  A Tell Media report / By Elizabeth Were