The Supreme Court has upheld the constitutional rights of about 3,500 residents of the Kibos Nubian settlement in Kisumu, dismissing an appeal by Kenya Railways Corporation against earlier rulings that found their eviction unlawful.
In a judgment delivered on October 23, 2026, the apex court upheld the Court of Appeal’s decision, which affirmed the Environment and Land Court’s findings that the community’s rights to property, housing and equitable access to land had been violated.
The ruling brings Kenya Railways’ appeal to an end, although the residents’ claim for compensation for property destroyed during the February 2021 demolitions remains a separate matter.
Speaking after the judgment, lawyer Joshua Odiambo Nyamori, who represented the Legal Advice Centre, trading as Kituo Cha Sheria, said the decision was a major victory for a community that had fought for years to protect its rights.
Nyamori said the residents were now looking to the National Land Commission to resume the process of issuing title deeds, which had been suspended during the court proceedings.
“We are appealing to the National Land Commission to move with speed and issue title deeds to the community,” he said.
He also appealed to President William Ruto to direct the relevant government agencies to expedite the process, saying residents hoped to receive documents formally recognising their land rights.
Sheikh Musa Ismael Haji, chairman of the Kisumu Muslim Association, welcomed the ruling, saying it offered relief to the Nubian families.
“We thank the courts for standing with the oppressed. But we urge the government to ensure these families are given title deeds and compensated for the destruction of their homes and livelihoods,” he said.
The dispute dates back to 1937, when the colonial administration relocated about 53 Nubian families from Old Kisumu to the Kibos settlement.
The community maintains that licences issued to their forefathers granted them the right to occupy and cultivate the land. Over the years, successive generations established homes and social amenities there.
Kenya Railways, however, argued that the disputed parcel formed part of the Kibos Railway Station reserve and had legally vested in the corporation.
It maintained that the residents had no ownership rights and challenged the findings of the lower courts.
The Supreme Court clarified that the central question before it was whether the manner in which the residents were evicted violated their constitutional rights, rather than the validity of the land title itself.
The judges found that the community had acquired constitutionally protected rights under Articles 40, 43 and 60 of the Constitution. The court held that these rights were violated when the residents were evicted in breach of constitutional, statutory and international safeguards.
The court noted that the community had occupied the land for generations, establishing homes, schools, health facilities and other amenities before their structures were demolished.
The eviction began in the early hours of February 5, 2021, and continued into the following morning.
The Environment and Land Court had previously ruled that the eviction was unlawful and allowed the community to pursue compensation for the destroyed property through a separate civil suit.
Nyamori said the residents would continue pursuing compensation while seeking formal recognition of their occupation through title deeds.
About 3,500 people lived on the disputed parcel at the time of the demolitions.
The Supreme Court ordered Kenya Railways to bear the costs of the appeal, upholding the Court of Appeal’s judgment delivered on March 21, 2025.
