NAIROBI, Kenya – The High Court has declared the appointment of Aisha Jumwa Katana as Chairperson of the Kenya Roads Board unconstitutional, citing failure to comply with mandatory legal and constitutional requirements.
Delivering the judgment on Wednesday, Justice Bahati Mwamuye held that the appointment process did not meet the statutory framework under the Kenya Roads Board Act.
“The appointment of Honourable Aisha Jumwa Katana as Chairperson of the Kenya Roads Board was undertaken without demonstrable compliance with the mandatory statutory framework prescribed under Section 7 of the Kenya Roads Board Act No. 7 of 1999,” the court stated.
The court further found that the process violated constitutional principles of transparency, accountability, fairness, and administrative justice under Articles 10, 47, and 232 of the Constitution.
According to the ruling, the defects in the process rendered the appointment legally unsustainable from the outset, with the court stressing that public appointments must strictly follow both the Constitution and enabling laws.
“Legality flows from fidelity to the Constitution and the enabling law,” Justice Mwamuye noted, adding that any deviation from prescribed procedures invalidates the resulting decision.
The court therefore issued orders nullifying the appointment and quashing the relevant Gazette Notices.
“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 ab initio,” Justice Mwamuye ruled.
The court also set aside Gazette Notice No. 384 of 16 January 2025 and Gazette Notice No. 395 of 17 January 2025, insofar as they confirmed the appointment.
However, the judge declined to broadly invalidate all actions taken by the officeholder, noting that each would need to be assessed on its own merits.
“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 court observed, emphasising the need for balance between legality and public interest.
The court further directed that any future appointment to the position must strictly comply with the Kenya Roads Board Act and constitutional principles of public appointments, including transparency, inclusivity, accountability, and procedural fairness.
“Publication in the Gazette does not confer upon an appointment undertaken contrary to statute,” the court stated.