Court Outlaws Appointment of Ex-Cabinet Secretary as Kenya Roads Board chair

The appointment of former Gender Cabinet Secretary (CS) Aisha Jumwa Katana as Chairperson of the Kenya Roads Board has been declared unconstitutional.

Delivering the ruling on Wednesday, High Court judge Justice Bahati Mwamuye held that the process used in her appointment failed to comply with mandatory legal requirements set out 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 under Articles 10, 47, and 232, which require public appointments to adhere to values of transparency, accountability, fairness, and administrative justice.

According to the judgment, the defects in the appointment process rendered it legally unsustainable from the outset.

The court emphasised that legality in public office appointments flows from strict adherence to both the Constitution and enabling legislation.

“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.

As a result, the court issued a declaration nullifying the appointment and quashing the related official 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, to the extent that they confirmed the appointment.

While quashing the appointment, the court noted that it would not interfere broadly with other actions taken by the officeholder without clear evidence of illegality in each instance.

Justice Mwamuye cautioned against overly broad remedies that could disrupt public administration without 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 further directed that any future appointment to the position must strictly comply with the Kenya Roads Board Act and constitutional requirements governing public appointments.