The High Court has declared the appointment of Aisha Jumwa Katana as Chairperson of the Kenya Roads Board invalid, saying the process used did not meet the legal standards required by law and the Constitution. The court ruled that the appointment failed to follow set procedures under the Kenya Roads Board Act, leading to its cancellation.
Delivering the judgment on Wednesday, Justice Bahati Mwamuye stated that the appointment process did not comply with mandatory legal steps outlined in the law governing the board.
“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 also found that the process went against key constitutional values under Articles 10, 47, and 232, which require fairness, openness, accountability, and proper administrative action in public appointments.
According to the court, the flaws in the process were not minor, but went to the core of the decision, making the appointment legally defective from the beginning.
Justice Mwamuye stressed that public office appointments must strictly follow both the Constitution and the relevant laws that guide them.
“Legality flows from fidelity to the Constitution and the enabling law,” Justice Mwamuye noted, adding that where statutory procedures are not followed, the resulting decision cannot stand.
On that basis, the court issued a declaration nullifying the appointment and cancelling the official notices that had announced it.
“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 further set aside Gazette Notice No. 384 of 16 January 2025 and Gazette Notice No. 395 of 17 January 2025, to the extent that they confirmed the appointment.
Even with the decision, the court noted that it would not broadly interfere with all actions taken during the period of the appointment without clear proof of illegality in each case.
Justice Mwamuye warned that courts must be careful not to issue remedies that could disrupt public work without proper justification.
“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 also directed that any future appointment to the position must fully comply with the Kenya Roads Board Act and all constitutional requirements guiding public appointments.
These include fairness, transparency, inclusivity, accountability, and adherence to proper procedure.
“Publication in the Gazette does not confer upon an appointment undertaken contrary to statute,” the court stated.