What happened
On 23 October, the Supreme Court of Kenya dismissed an appeal by Kenya Railways Corporation against members of the Nubian community of Kibos, a settlement on the outskirts of Kisumu. The five judges, led by Deputy Chief Justice Philomena Mwilu, confirmed a March 2025 Court of Appeal judgment and ordered the railway to pay the costs of the appeal, according to the judgment.
The court held that the residents ‘had acquired constitutionally protectable proprietary rights under Articles 40, 43 and 60 of the Constitution’, which cover property, economic and social rights including housing, and land. It also held that those rights were violated ‘through their eviction in contravention of constitutional, statutory, and international safeguards’. The case was brought on behalf of about 3,500 people, The Star reported.
The history goes back almost 90 years. In 1937 the colonial administration moved about 53 Nubian families from Old Kisumu, where Kisumu International Airport now stands, to Kibos, and issued licences to Nubian households in 1938, the judgment records. In 2012 the Ministry of Lands prepared development plans recognising the settlement, and no objections were lodged. In February 2015 a notice announced the Kibos Informal Settlement Upgrading Scheme, a process intended to lead to a community land title deed.
Then, on 9 March 2020, Kenya Railways issued notices giving residents seven days to leave, and it evicted them during the night of 5 to 6 February 2021. Residents told the courts that the demolitions began at about 3 a.m., during the COVID-19 curfew, while a court order protecting them was still in force. Homes, a nursery school and a mosque were destroyed, Capital FM reported.
Why it matters
Kenya Railways had argued that the residents were only licensees, and that the land had vested in the railway under legal notices issued in 1963 and 1986. The Supreme Court set that argument aside. ‘What is at stake in this appeal, is not the nature or validity of title to the suit property,’ the judges wrote, but whether the manner of the eviction violated the residents’ rights.
That distinction matters far beyond Kibos. The court relied on its own earlier decision in the Mitu-Bell case, which held that ‘The right to housing in its base form (shelter) need not be predicated upon “title to land”.’ Many Kenyans live on public land without formal title. In GGND’s view, this ruling strengthens the principle that the state cannot simply clear them away; it must give proper notice, act humanely and follow the Land Act and UN guidelines on evictions.
For the Nubians, the judgment is also about belonging. Hassan Ole Naado, chairman of the Supreme Council of Kenya Muslims, said: ‘Justice on paper must now urgently translate to justice on the ground,’ The Star reported. He also called for Nubians to be recognised as a Kenyan tribe and for an end to discriminatory vetting when they apply for identity cards.
Then one early morning, under cover of darkness, the entire community, men, women, and children were uprooted from the land, call it eviction, by the appellant.
The Supreme Court of Kenya, in its judgment of 23 October 2026
The wider picture
The Kibos case passed through three courts. The Environment and Land Court in Kisumu found the eviction unlawful and allowed residents to pursue compensation for destroyed property in a separate civil case, Mjengo Hub reported. The Court of Appeal agreed in March 2025, and Kenya Railways then took the case to the Supreme Court, which dismissed the appeal over the eviction of about 3,500 people, the Nation reported.
Joshua Odiambo Nyamori, the lawyer who represented the community for Kituo Cha Sheria, a legal aid organisation that was also a party to the case, told residents the decision was a major victory. ‘We are appealing to the National Land Commission to move with speed and issue title deeds to the community,’ he told The Star. Sheikh Musa Ismael Haji of the Kisumu Muslim Association added: ‘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.’
Could it work elsewhere?
The legal principle already applies across Kenya, because Supreme Court decisions bind every lower court. Communities facing eviction from public land, from railway reserves to airport buffers, can point to Kibos as well as Mitu-Bell. In GGND’s view, the wider lesson for other countries is that long, open occupation recognised by the state itself, here through development plans and an upgrading scheme, can create rights worth protecting even without a title deed. Such rights do not always stop an eviction, but they can require fair notice, humane treatment and remedies such as compensation or alternative land.
What remains unresolved
- Who owns the land. The Supreme Court said explicitly that title was not the issue before it. Some community leaders describe the ruling as confirming that the land belongs to them, but a title deed would still need action by the National Land Commission and the Ministry of Lands.
- Compensation. Claims for homes and property destroyed in 2021 are being pursued separately, and the Supreme Court did not decide them. The amount, and when it might be paid, are unknown.
- Resettlement. More than five years after the demolitions, it is not clear how many families can return or where they will live in the meantime. SUPKEM has asked President William Ruto to intervene.
- Kenya Railways’ plans. The railway has not said publicly what it now intends to do with the land, or whether it accepts the community’s right to remain.
What happens next
The community’s lawyers will press the National Land Commission to resume the process of issuing title deeds, and residents will continue their separate compensation claim. Community leaders want titles issued before the 2027 general election, Capital FM reported. In GGND’s view, the real test of this judgment will be whether the families of Kibos are able to rebuild their homes on the land their grandparents were given in 1937.
Sources
- Supreme Court of Kenya Kenya Railways Corporation v Fatuma Khamis Bilal & 14 others, SC Petition No. E023 of 2025, Judgment (23 October 2026)
- The Star (Kenya) Court upholds Kibos Nubians rights after Kenya Railways eviction (28 October 2026)
- Capital FM Nubian community wins Kibos land dispute against Kenya Railways (26 October 2026)
- Nation Court upholds Nubian community’s rights in Kisumu land eviction battle (25 October 2026)
- The Star (Kenya) SUPKEM urges State to resettle Kibos Nubians after Supreme Court ruling (31 October 2026)
- Mjengo Hub Supreme Court dismisses Kenya Railways appeal in Kisumu Nubian land eviction dispute (26 October 2026)
Analysis and context are by The GGND Team. Where we draw our own conclusions, we say so. To report an error, contact us.
