Court of Appeal Upholds Ruling Against Kenya Railways in Kibos Evictions Case

 

By John Kariuki

The Court of Appeal in Kisumu has upheld a landmark ruling that found Kenya Railways Corporation (KRC) and government agencies guilty of unlawful and forceful eviction of over 3,500 residents of Kibos Informal Settlement, primarily from the Nubian community. The case, which has been ongoing since 2020, has now ended in favor of the residents, with the court affirming that their constitutional rights were violated.

Kenya Railways had moved to appeal a decision by the Environment and Land Court (ELC) that found its eviction of Kibos residents illegal, inhumane, and unconstitutional. The ELC had ruled that the community had been occupying the land since 1937 and had acquired long-term licenses from the colonial government, granting them legally recognizable rights over the land.

The residents, led by Fatuma Khamis Birah and five others, filed the case after Kenya Railways, in March 2020, issued a seven-day eviction notice, followed by forceful demolitions that left thousands homeless. The petitioners argued that they were not given a fair hearing, proper eviction notices, or alternative housing, violating their rights to dignity, property, fair administrative action, and adequate housing as provided under the Kenyan Constitution and international human rights laws.

Kenya Railways, on the other hand, maintained that the land was railway reserve land as per a 1986 vesting order and that it had never been allocated to the Nubian community. The corporation also argued that the demolitions were conducted lawfully after due notices were issued.

However, the Court of Appeal, comprising Justices Asike-Makhandia, Omondi, and Kimaru, dismissed Kenya Railways’ appeal, ruling that:

The Nubian community's occupation was legal and their land rights were protected.

The eviction process violated legal procedures, including failure to issue proper notice and conducting demolitions at night, during a COVID-19 curfew.

The evictions violated fundamental human rights, including the right to property, dignity, housing, and fair administrative action.

The court also condemned the destruction of homes, mosques, schools, and hospitals, stating that the government had a duty to protect its citizens rather than render them homeless.

This ruling is a major victory for the Kibos residents, setting a precedent for land and eviction cases in Kenya. Kenya Railways has now been ordered to compensate the victims, and the ruling may influence future policies on informal settlements and forced evictions.

March 22, 2025