A Win for the Kibos Nubia Community in Kisumu County: Judgment delivered: 23 October 2026

Historical Background

The case concerned the occupation and ownership of Kibos Township Crown Land No. 655 in Kisumu County and the eviction of members of the Nubian community. In 1937, the colonial administration relocated approximately 53 Nubian families from Old Kisumu to the disputed land. Over time, the community established homes and social amenities. The Government subsequently prepared development plans for the settlement in 2012 and formalised the Kibos Informal Settlement Upgrading Scheme in 2015.

Kenya Railways Corporation issued eviction notices on 9th March 2020, and residents were evicted and structures demolished in February 2021. The residents challenged the eviction, relying on their historical occupation and licences as the basis for their claim to legally protectable interests in the land.

Litigation Background

Six residents initiated constitutional proceedings before the Environment and Land Court in Kisumu, acting on their own behalf and on behalf of approximately 3,500 co-residents. They sought declarations that the eviction was unlawful and violated their constitutional rights, including the rights to property, adequate housing, human dignity and fair administrative action.

Kenya Railways Corporation maintained that the land formed part of the Kibos Railway Station reserve and that the residents had no enforceable proprietary rights. It sought recognition of its claim to the land and orders supporting the residents’ eviction.

The Environment and Land Court ruled in favour of the residents on 27th August 2021. The Court of Appeal upheld that decision on 21st March 2025, after an appeal by Kenya Railways Corporation. Kenya Railways Corporation then appealed to the Supreme Court, seeking to overturn the lower courts’ judgments.

The residents opposed the appeal and maintained that their interests were legally protectable and that the eviction had violated constitutional and statutory safeguards.

Supreme Court Decision

On 23rd October 2026, the Supreme Court dismissed Kenya Railways Corporation’s appeal and confirmed the Court of Appeal’s judgment.

The Court held that the residents had acquired constitutionally protectable proprietary rights under Articles 40, 43 and 60 of the Constitution. It affirmed that those rights had been violated through an eviction that contravened constitutional, statutory and international safeguards.

The Court also reaffirmed that the right to housing in its basic form of shelter does not necessarily depend on holding a title deed. Kenya Railways Corporation was ordered to bear the costs of the appeal.

What does the judgment mean for the affected residents?

The judgment upholds the lower courts’ findings that the residents had constitutionally protectable rights and that those rights were violated. It rejects Kenya Railways Corporation’s attempt to overturn those findings and reinforces the legal protections available to communities facing eviction.

However, the Supreme Court did not order the issuance of individual title deeds, direct the residents’ immediate return to the land or award compensation. The Environment and Land Court had directed that compensation be pursued through separate civil proceedings. The Supreme Court expressly declined to determine that issue, noting that the Court of Appeal had not addressed it and that this omission did not affect the substantive appeal. The outcome of any separate compensation proceedings is not established by this judgment.

Significance to the public

Communities across Kenya face displacement arising from land disputes, infrastructure development and urban expansion. The judgment reinforces that public infrastructure interests must be pursued within the law and that constitutionally protectable interests cannot simply be disregarded during evictions.

It also affirms that the absence of a title deed does not automatically exclude people from constitutional protection of their housing rights.

Read the full judgement here: Judgment SCPT E023 of 2025 Kenya Railways Corporation Vs Fatuma Khamis Bilal & 14 Others