Aisha Jumwa Loses Kenya Roads Board Chair Role After Court Ruling

The High Court has struck down the appointment of Aisha Jumwa Katana as Chairperson of the Kenya Roads Board, declaring it unconstitutional and void from the start. Justice Bahati Mwamuye delivered the ruling on Wednesday, finding that the process used to install her in the role fell short of the mandatory legal standards required by law.

Justice Mwamuye’s central finding was direct: the appointment process did not comply with the statutory framework set out under Section 7 of the Kenya Roads Board Act No. 7 of 1999.

“The appointment of Honourable Aisha Jumwa Katana as Chairperson of the Kenya Roads Board was undertaken without demonstrable compliance with the mandatory statutory framework prescribed under Section 7 of the Kenya Roads Board Act No. 7 of 1999,” the court stated.

Beyond the statutory breach, the court found that the recruitment process also violated Articles 10, 47, and 232 of the Constitution. These provisions require that all public appointments adhere strictly to the values of transparency, accountability, fairness, and administrative justice. The court ruled that these defects made the appointment legally unsustainable from the outset.

Justice Mwamuye drove the point home with a clear articulation of the principle at stake.

“Legality flows from fidelity to the Constitution and the enabling law,” he noted, adding that where statutory procedures go unobserved, the resulting decision cannot stand.

The Appointment Is Null and Void

Acting on those findings, the court issued a formal declaration nullifying the appointment entirely.

“A declaration is hereby issued that the appointment of Honourable Aisha Jumwa Katana as Chairperson of the Kenya Roads Board is unconstitutional, unlawful, null and void ab initio,” Justice Mwamuye ruled.

The court also quashed two official Gazette Notices tied to the appointment: Gazette Notice No. 384 of January 16, 2025, and Gazette Notice No. 395 of January 17, 2025, to the extent that they confirmed her role. The judgment made clear that publishing an appointment in the Gazette does not shield it from legal challenge when the underlying process is flawed.

“Publication in the Gazette does not confer upon an appointment undertaken contrary to statute,” the court stated.

While the court nullified the appointment, Justice Mwamuye stopped short of issuing a blanket order invalidating every decision Jumwa made while serving in the role. The judge cautioned against sweeping remedies that could disrupt public administration without clear justification in each case.

“It would not be reasonable or proportionate to quash all actions and decisions undertaken… without knowing the status, nature, and scope of those actions,” the court observed, drawing a careful line between enforcing legality and protecting the broader public interest.

What Must Happen Next

The court did not leave the matter without clear direction for the future. Justice Mwamuye directed that any subsequent appointment to the Kenya Roads Board Chairperson position must fully comply with the Kenya Roads Board Act and the constitutional principles governing public appointments, including transparency, inclusivity, accountability, and procedural fairness.

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