By the 254.ke Newsroom
Kenyans who live on public land without title deeds are still protected from unlawful eviction, the Supreme Court has ruled in a case involving more than 3,500 Nubian residents of Kibos in Kisumu County. In a judgment dated October 23, 2026, the court dismissed an appeal by Kenya Railways Corporation and upheld lower-court findings that the 2021 demolition of the settlement violated residents’ rights.
What did the Supreme Court decide on the Kibos evictions?
The Supreme Court sided with the residents, agreeing with the Environment and Land Court and the Court of Appeal. According to Kenyans.co.ke, the five-judge bench, led by Deputy Chief Justice Philomena Mwilu, held that the residents had constitutionally protected rights under Articles 40, 43 and 60 of the Constitution, and that their eviction broke constitutional, statutory and international safeguards. The judgment states: “The appeal before us stands to be dismissed, and we do accordingly dismiss it.”
The Star reports that the court treated the central question as how the eviction was carried out, not whether the land title was valid. Hakijamii, the Economic and Social Rights Centre, adds that the right to housing as basic shelter does not necessarily depend on holding a title deed.
Key facts at a glance
- Case: Kenya Railways Corporation v Fatuma Khamis Bilal & 14 Others, Petition No. E023 of 2025 (per Hakijamii)
- Judgment date: October 23, 2026
- Land: Kibos Township, Kisumu County
- People affected: About 3,500 residents
- Demolitions: Began in the early hours of February 5, 2021
- Earlier rulings: Environment and Land Court (August 27, 2021); Court of Appeal (March 21, 2025)
- Costs: Kenya Railways must pay the costs of the appeal
What is the dispute about?
The residents say Nubian families were relocated to the area in 1937 from Old Kisumu, and that government plans later recognised the settlement, including a 2012 development plan and the Kibos Informal Settlement Upgrading Scheme announced in 2015. Kenya Railways argued the land is part of its railway reserve and that colonial-era licences did not confer ownership, according to Kenyans.co.ke.
Hakijamii says Kenya Railways issued eviction notices on March 9, 2020. The Star does not give a notice date. Sources also differ slightly on the settlement year: a Supreme Council of Kenya Muslims (SUPKEM) statement refers to 1938, while Hakijamii and The Star say 1937.
Does the ruling give residents title deeds or compensation?
No. The Supreme Court did not order title deeds, a return to the land or compensation. Hakijamii says the court expressly declined to decide compensation because the Court of Appeal had not addressed it. The Star reports that the residents’ claim for destroyed property remains a separate matter, which the Environment and Land Court had allowed them to pursue in a separate civil suit.
That leaves the practical outcome open. Joshua Odiambo Nyamori, the lawyer for the Legal Advice Centre (Kituo Cha Sheria), told The Star: “We are appealing to the National Land Commission to move with speed and issue title deeds to the community.” The Star reports the commission had suspended title-deed issuance while the case ran.
What are Kenyans asking the government to do now?
At the launch of SUPKEM’s Western Kenya regional office in Kisumu on Saturday, October 31, 2026, national chairman Al-Hajj Hassan Ole Naado called on President William Ruto to intervene in the resettlement of the displaced residents. He also asked the Ministry of Lands and the National Land Commission to fast-track title deeds and urged formal recognition of the Nubian community as an indigenous Kenyan tribe. “Justice on paper must now urgently translate to justice on the ground,” he said, according to The Star.
FAQ
Can the government evict people living on public land without title deeds?
Not without following the law. In this case the Supreme Court found that occupants can hold constitutionally protected rights and that evictions must meet constitutional, statutory and international safeguards.
Did the Supreme Court award the Kibos residents land?
No. It dismissed Kenya Railways’ appeal and upheld the finding that the eviction violated their rights, but it did not order title deeds, return to the land or compensation.
Who pays the costs of the appeal?
Kenya Railways Corporation, according to The Star and Hakijamii.
Can the residents still claim compensation?
Their claim for destroyed property is described as a separate matter that can be pursued through a separate civil suit.
For related coverage, see our reports on evictions and land loss among indigenous communities, the government’s talks on the Narok land dispute and a church demolished in a land dispute mix-up. The full judgment details are summarised by Hakijamii.
Sources: Kenyans.co.ke (Nov 4, 2026); The Star (Oct 28 and Oct 31, 2026); Hakijamii. As of November 5, 2026.
