Celebration time as Supreme Court uphold Kibos residents’ rights

It was a moment of celebration in Kibos, Kisumu, after the Supreme Court dismissed an application by the Kenya Railways Corporation (KRC) seeking to reclaim land forcefully expropriated from residents. The ruling effectively affirmed the inalienable rights of residents whose homes were demolished during an eviction exercise in 2021.

In a ruling issued on January 30, 2026, a five-judge bench of the apex court led by Chief Justice Martha Koome dismissed KRC’s application for conservatory orders staying the execution of a judgment issued by the Environment and Land Court (ELC).

Last year, the Court of Appeal in Kisumu upheld a landmark ruling that found Kenya Railways Corporation (KRC) and government agencies guilty of the unlawful and forceful eviction of over 3,500 residents of Kibos Informal Settlement, primarily from the Nubian community.

Kenya Railways had moved to appeal a decision by the ELC, which found its eviction of Kibos residents illegal, inhumane, and unconstitutional. The corporation further argued that the court had failed to recognize that the land formed part of the Kenya–Uganda Railway Reserve.

The ELC 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 property.

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.

It further ruled that Kenya Railways Corporation violated residents’ rights to fair administrative action, life, human dignity, and property protection, and contravened the national values and principles of governance as provided under the Constitution.

In its ruling, the Supreme Court rejected the application, stating that its mandate does not cover matters before the Environment and Land Court.

“This Court’s jurisdiction to grant stay orders is confined to decrees or orders of the Court of Appeal, or to further proceedings before that Court, as provided under Article 163(4)(a) and (b) of the Constitution, and does not extend to orders, decrees, or proceedings pending before the Environment and Land Court, as sought in the present application,” the ruling read.

“The application lacks merit and is hereby dismissed,” it added.

In the aftermath of the 2021 demolition, which displaced thousands of residents in the area, Jamia Mosque Committee, Nairobi, and the Kisumu Muslim Association (KMA) mobilized resources and set up temporary housing for affected families.

Kibos residents hailed the ruling, saying it paves the way for them to reclaim their land and begin reconstructing their homes.

“We thank Allah that justice has finally been done. Let the government now provide us with ownership documents and compensation for the losses we incurred,” said Fatuma Khamis.

“We appeal for the reconstruction of our mosque, which was demolished and served as a central pillar of our community,” said another resident, Khalfan Khamis.

The residents also appreciated the efforts of various organizations, including the Kisumu Muslim Association, the Nubian Rights Forum, and the Jamia Mosque Committee, in securing their inalienable rights.