Court Issues Directive on Case Challenging Aisha Jumwa’s Appointment

Former Gender Cabinet Secretary Aisha Jumwa, who was recently appointed as the chairperson of the Kenya Roads Board, will continue serving in her new role after the High Court in Nakuru declined to suspend her assumption of office.

In a court notice dated February 11, Justice Gichohi Patricia instead directed the petitioner to serve all the respondents with the application pending the hearing of the matter on March 5, 2025.

Among those listed as respondents in the case are Transport Cabinet Secretary Davis Chirchir, Attorney General Dorcas Oduor, and the Kenya Roads Board.

The court order followed a petition filed at the Nakuru court seeking a conservatory order to suspend Jumwa’s appointment, which was made by President William Ruto through a gazette notice on January 25.

The petitioner, in his application, argued that CS Chirchir violated the law by failing to engage relevant stakeholders in the decision that led to Jumwa’s appointment as chairperson of the Kenya Roads Board.

While terming her appointment unlawful, the petitioner claimed that the Transport CS acted contrary to Section 7(1) of the Kenya Roads Board Act and Article 47 of the Constitution by appointing an unqualified chairperson.

According to the complainant, Ruto’s actions were deliberate and well-orchestrated to undermine the democratic gains the country has fought hard to achieve.

“The said act of irregularly appointing Aisha Jumwa violates Article 10 of the Constitution of Kenya 2010, which enshrines the principles of good governance, transparency, and the rule of law,” the petitioner claimed.

“Under Gazette Notice Number 395 dated January 17, 2025, William Ruto, President of the Republic of Kenya, unlawfully appointed Aisha Jumwa as Chairperson of the Kenya Roads Board.”

The petitioner further noted that Jumwa’s assumption of the office would serve to bastardize the Constitution, institutions and the People of Kenya.

Meanwhile, the petitioner, who spoke to Kenyans.co.ke, revealed that he had since served respondents including the Transport CS with the applications ahead of the hearing of the matter. 

The latest petition challenging Jumwa’s appointment comes hardly a fortnight after the Institution of Engineers of Kenya (IEK) objected to the latter’s appointment terming it a violation of the law.

According to the engineers, her appointment failed to meet the regulations outlined in the Kenya Roads Board Act regarding the appointment process.

While calling for the withdrawal of her appointment, IEK noted that Jumwa did not meet the requisite qualifications to lead the board, in particular, the engineers claimed that the former CS lacked a background in civil and structural engineering.