Activist Francis Awino has secured a major legal victory after the High Court nullified the appointment of former Cabinet Secretary Aisha Jumwa as Chairperson of the Kenya Roads Board (KRB), citing constitutional and procedural violations in the appointment process.
In a ruling delivered by Justice Bahati Mwamuye, the court upheld Awino’s petition and found that the appointment failed to comply with the legal requirements governing public appointments.
The judge noted that the process violated Section 7 of the Kenya Roads Board Act and breached constitutional principles under Articles 10, 47, and 232 of the Constitution, which relate to transparency, accountability, and fair administrative action.
According to the court, there was no sufficient evidence demonstrating that the mandatory legal procedures were followed before Jumwa was appointed to the influential position.
Justice Mwamuye stated that the publication of the appointment through a Gazette Notice could not legitimize a flawed process.
“The resultant appointment was therefore unconstitutional, unlawful, null and void ab initio,” ruled the judge.
The court further described the appointment process as legally defective and inconsistent with the constitutional standards expected in public service appointments.
Consequently, the court quashed Gazette Notice No. 384 dated January 16, 2025, and Gazette Notice No. 395 dated January 17, 2025, insofar as they related to Jumwa’s appointment as KRB chairperson.
However, despite nullifying the appointment, the court declined to invalidate all decisions made during Jumwa’s tenure, observing that doing so could disrupt actions that may have already affected the public.
“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 further directed that any future appointment process to the Kenya Roads Board must strictly adhere to constitutional principles and the provisions of the Kenya Roads Board Act, particularly on legality, openness, inclusivity, accountability, and procedural fairness.
The ruling marks another significant constitutional petition successfully pursued by activist Francis Awino, who has increasingly gained recognition for challenging government decisions and public appointments that he believes fail to meet constitutional standards.