By Brian Kiprono - Reporter
Kenya, May 20 ,2026 - Former Gender Cabinet Secretary Aisha Jumwa has suffered a major legal setback after the High Court nullified her appointment as Chairperson of the Kenya Roads Board (KRB), ruling that the government failed to follow the law during the hiring process.
In a judgment delivered on Wednesday, Justice Bahati Mwamuye said Jumwa’s appointment did not meet the legal and constitutional standards required for public appointments.
“The appointment of Hon. Aisha Jumwa as a member of the Kenya Roads Board is unconstitutional and unlawful ab initio,” Justice Mwamuye ruled.
The judge said the process failed to comply with Section 7 of the Kenya Roads Board Act as well as constitutional provisions on transparency, accountability and fair administrative action.
The ruling now forces the government to restart the appointment process for one of the country’s most influential roads agencies.
“A fresh appointment must follow the KRB Act and the Constitution,” the judge directed.
Jumwa was appointed to the role by President William Ruto in January 2025 and officially assumed office days later after a ceremony attended by Roads and Transport Cabinet Secretary Davis Chirchir and other senior officials.
However, her appointment immediately attracted criticism from engineers, legal experts and governance activists who questioned both the process and her qualifications.
The Institution of Engineers of Kenya (IEK) argued that Jumwa lacked the professional background needed to lead the board, which oversees billions of shillings in road maintenance and infrastructure funding.
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The body maintained that the appointment ignored requirements under the Kenya Roads Board Act and failed to reflect the technical nature of the institution.
The case was later taken to court by activist Francis Awino, who challenged the legality of the appointment.
In his ruling, Justice Mwamuye emphasised that public office appointments must strictly follow the Constitution and enabling laws. “Legality flows from fidelity to the Constitution and the enabling law,” the court stated.
The judge also quashed the Gazette Notices used to formalise Jumwa’s appointment, declaring them invalid. Still, the court stopped short of cancelling all decisions made during Jumwa’s time in office, warning that doing so could disrupt public administration and affect actions that may have benefited the public.
“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 judge observed. The ruling now places renewed attention on how senior state appointments are made, particularly in public institutions handling major infrastructure and development projects.
The court further directed that any future appointment to the Kenya Roads Board must comply fully with constitutional principles of transparency, inclusivity, accountability and procedural fairness.
“Publication in the Gazette does not confer upon an appointment undertaken contrary to statute,” the court ruled.