Court declares appointment of Aisha Jumwa to Kenya Roads Board unlawful
By Zipporah Ngwatu, May 20, 2026A Nairobi High Court has declared that the appointment of Aisha Jumwa Katana as the chairperson of the Kenya Roads Board is unconstitutional and unlawful.
Justice Bahati Mwamuye, on Wednesday, May 20, 2026, stated that the court has found out that her appointment was undertaken without demonstrable compliance with the mandatory statutory framework prescribed under section seven of the Kenya Roads Board.
The court has noted that the issues raised of the legality of a public appointment process were not only of genuine public interest but also sought to clarify the proper constitutional and statutory architecture governing public appointments.
“Accordingly, the consolidated petitions succeeds and the court makes the following orders, 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,” Justice Mwamuye ruled.
Further, Justice Mwamuye has issued an order quashing Gazette Notice number 384 dated January 16, 2025, and Gazette Notice number 395 dated January 17, 2025, insofar as they relate to the appointment of Aisha Jumwa Katana.
The court has noted that although Gazette Notices are formal instruments of state action, they cannot stand where the process giving rise to them is tainted by illegality.
Mwamuye has also stated that, as observed earlier, publication in the Gazette does not confer upon an appointment undertaken contrary to a statute. Legality flows from fidelity to the Constitution and the enabling law.
According to Judge Mwamuye, once illegality and unpositionality are established,such order is not discretionary in the abstract. It becomes the necessary judicial instrument for removing from the legal order a decision that is void and incapable of producing lawful consequences.
Further, the court has recommended that any fresh appointment process for the same position must be undertaken strictly in accordance with section seven of the Kenya Roads Board Act in order to restore constitutional compliance within the statutory governance framework of the Kenya Roads Board.
“Such a process must demonstrably adhere to the statutory nomination architecture contemplated by Parliament and the constitutional imperatives of legality, transparency, accountability, inclusivity and procedural fairness,” Judge Mwamuye noted.