Judge declares Aisha Jumwa’s KRB board chair appointment illegal, null and void
The case had been filed by public interest litigant Francis Owino, who challenged the legality of the appointment process.
The High Court has nullified the appointment of former Cabinet Secretary Aisha Jumwa as Chairperson of the Kenya Roads Board, dealing a major blow to one of President William Ruto’s key allies and appointees.
In a landmark judgment delivered today, Wednesday, May 20, 2026, Justice Bahati Mwamuye ruled that Jumwa’s appointment violated both constitutional and statutory requirements governing public appointments.
The case had been filed by public interest litigant Francis Owino, who challenged the legality of the appointment process.
The court found that Jumwa’s appointment was made “without demonstrable compliance” with Section 7 of the Kenya Roads Board Act and in contravention of Articles 10, 47 and 232 of the Constitution, which set out principles of transparency, accountability, inclusivity and fair administrative action in public service appointments.
Justice Mwamuye held that the process leading to her appointment was “ultra vires, procedurally infirm and constitutionally unsustainable.”
“The resultant appointment was therefore unconstitutional, unlawful, null and void ab initio,” the judge ruled.
The court further stated that publication of the appointment through a Gazette Notice could not sanitize or legitimize an unlawful process.
Consequently, the judge quashed Gazette Notice No. 384 dated January 16, 2025 and Gazette Notice No. 395 dated January 17, 2025, to the extent that they related to Jumwa’s appointment as chairperson of the board.
However, the court declined to invalidate all decisions and actions undertaken during Jumwa’s tenure at the roads agency, noting that such an order could disrupt decisions that may have been made 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,” the court stated.
The judge directed that any fresh appointment process to the position must strictly comply with the Kenya Roads Board Act and constitutional principles governing public appointments, including legality, transparency, accountability, inclusivity and procedural fairness.
