Court Upholds Ruling Against Kenya Railways in Kibos Evictions Case
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By John Kariuki
The Court of Appeal in Kisumu has upheld a ruling declaring Kenya Railways Corporation (KRC) guilty of unlawful and forceful evictions of over 3,500 Kibos residents, primarily from the Nubian community. The ruling affirms that the 2020 evictions violated constitutional rights, including the right to housing, dignity, and fair administrative action.
Kenya Railways had challenged the Environment and Land Court (ELC) ruling, arguing that the land was railway reserve property. However, the Court of Appeal Justices Asike-Makhandia, Omondi, and Kimaru dismissed the appeal, citing:
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Legal occupation: The Nubian community had settled there since 1937, holding long-term licenses.
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Illegal eviction process: Residents were not given proper notice or a chance to be heard.
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Human rights violations: The evictions were conducted at night during a COVID-19 curfew, leaving many homeless.
The court condemned the destruction of homes, schools, mosques, and hospitals, ordering compensation for victims. This ruling sets a major precedent for land rights and eviction cases in Kenya.
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