ADVERT 
Former Cabinet Secretary Aisha Jumwa has suffered a major legal setback after the High Court nullified her appointment as Chairperson of the Kenya Roads Board, citing constitutional violations and procedural irregularities in the recruitment process.
In a strongly worded judgment delivered by Justice Bahati Mwamuye, the court ruled that Jumwa’s appointment failed to meet the legal and constitutional standards governing public appointments in Kenya.
The judge found that the process lacked “demonstrable compliance” with Section 7 of the Kenya Roads Board Act and breached key constitutional provisions under Articles 10, 47 and 232, which demand transparency, accountability, integrity and fair administrative action in public service appointments.
Justice Mwamuye declared the appointment process “ultra vires, procedurally infirm and constitutionally unsustainable,” effectively rendering Jumwa’s position at the powerful roads agency illegal.
The court further ruled that the publication of her appointment through a Gazette Notice could not sanitize or legitimize an unlawful process, reinforcing the judiciary’s growing insistence on strict adherence to constitutional standards in state appointments.
The ruling marks yet another judicial rebuke against politically influenced public appointments and is likely to reignite debate over governance, meritocracy and executive accountability within President William Ruto’s administration.
Jumwa, a former Cabinet Secretary and influential coastal political figure, had been appointed to chair the Kenya Roads Board amid criticism from governance activists who questioned the transparency of the process.
Legal analysts say the judgment could set a far-reaching precedent for future appointments to state corporations, with courts increasingly demanding open, competitive and constitutionally compliant recruitment procedures.
The decision is also expected to pile pressure on government agencies to tighten adherence to public appointment laws to avoid costly legal battles and institutional uncertainty.
