The judges affirmed that residents without title deeds had constitutional protections and that Kenya Railways violated their rights.
The Supreme Court has upheld a ruling declaring the Kibos eviction unconstitutional, dismissing Kenya Railways’ appeal. The case concerns more than 3,500 Nubian community members whose homes the corporation demolished in 2021.
In its October 23 judgment, the five-judge bench affirmed that residents enjoyed constitutional protection despite lacking formal title deeds. Deputy Chief Justice Philomena Mwilu led the bench.
The decision reinforces protections against unlawful eviction for people living in informal settlements on public land. Authorities must therefore observe legal safeguards when removing occupants, even where they lack title deeds.
Why the court upheld the Kibos eviction ruling
The judges found that the community had acquired constitutionally protected proprietary rights under Articles 40, 43 and 60. These provisions address property, economic and social rights, and land policy principles.
In reaching that finding, the court noted that the community had occupied the land for generations. Residents had also established homes, schools, health facilities and other amenities within the settlement.
The Supreme Court agreed with the Environment and Land Court and the Court of Appeal on the residents’ rights. It found that Kenya Railways had breached constitutional, statutory and international safeguards through the eviction.
As a result, the judges dismissed the corporation’s appeal and upheld the earlier findings against it. The ruling affirmed that the community’s lack of formal titles did not remove its constitutional protections.
Residents traced their claim to colonial-era licences
The dispute arose after Kenya Railways issued eviction notices and demolished structures at the Kibos settlement in Kisumu County. However, affected residents challenged the action in court, arguing that it violated their rights.
The community claimed ownership of the land, citing licences that the colonial administration granted in 1937. Residents also relied on later government steps recognising the settlement.
They said the government prepared development plans in 2012 that recognised their occupation. In 2015, it announced plans to formalise the Kibos Informal Settlement Upgrading Scheme. That process aimed to facilitate allotment letters and eventually a community title deed.
Kenya Railways, however, maintained that the land belonged to the corporation and formed part of the railway reserve. It argued that the colonial-era licences did not confer ownership rights on the residents.
