Kenya Supreme Court: Nubian Community Wins Kibos Land From Kenya Railways

• The Supreme Court of Kenya upheld earlier rulings, confirming the Nubian community's land rights in Kibos, Kisumu, against Kenya Railways.
• The Nubian community was allocated the settlement in 1937, decades before Kenya Railways received its land grant in 1963.
• A 2021 demolition operation, which destroyed homes, a nursery school, and a mosque, was found by the Environment and Land Court to have violated residents' constitutional rights.
• The Supreme Court's decision affirms the Environment and Land Court's ruling, which also allowed the community to pursue compensation for destroyed property.
• The community is now seeking formal title deeds to ensure long-term tenure security, with calls made to President William Ruto's administration for assistance.

The Supreme Court of Kenya issued a ruling that affirmed earlier judicial decisions, recognizing the community's legitimate claim to the contested settlement.

The Nubian community residing in Kibos, Kisumu, has achieved a significant legal victory in its protracted land dispute against Kenya Railways. On Friday, October 23, the Supreme Court of Kenya issued a ruling that affirmed earlier judicial decisions, recognizing the community's legitimate claim to the contested settlement. This landmark judgment brings a measure of resolution for families who have inhabited the land for generations, many of whom suffered the loss of their homes, a nursery school, and a mosque during a demolition exercise in 2021.

Joshua Odiambo Nyamori, the advocate who represented the Nubian community, confirmed on Monday following the Supreme Court's pronouncement that the decision effectively upheld the Environment and Land Court's (ELC) initial ruling. This ELC judgment had previously acknowledged the community's rights to the land. Nyamori highlighted that the community's allocation to the settlement dates back to 1937, predating Kenya Railways' claim to ownership by several decades. The advocate expressed the community's excitement, stating that the Supreme Court's declaration solidified their ownership of the land in Kibos.

The community's presence in Kisumu traces its origins to the colonial era, specifically the early 20th century when the railway line first reached the lakeside town. Historical records presented in court indicated that Nubian elders engaged with the colonial administration in 1937, resulting in the formal allocation of the current settlement to the community. In contrast, the Environment and Land Court established that Kenya Railways was granted its land in 1963, a full 26 years after the Nubian community had already been settled.

Crucially, the ELC also determined that a clear boundary existed, delineating the community's settlement from the railway land. The dispute intensified in 2021 when an eviction operation led to the demolition of numerous homes and community facilities. Nyamori described these demolitions as having occurred at night, amidst the COVID-19 pandemic, reducing a vibrant settlement to ruins and severely impacting the dignity and livelihoods of elderly residents left without shelter. The community subsequently initiated legal proceedings to secure protection from further evictions and to gain official recognition of their land rights. The ELC found that the manner in which these demolitions were executed constituted a violation of the residents' constitutional rights, including their fundamental rights to housing, property, and human dignity. Furthermore, the court granted the community the right to pursue a separate legal action for compensation for the property destroyed during the operation.

Following the initial ELC ruling, Kenya Railways challenged the decision, first at the Court of Appeal. However, the Court of Appeal dismissed their appeal, leading the matter to be escalated to the Supreme Court. The recent Supreme Court decision, by leaving the ELC's judgment intact, confirms the validity of the ruling that awarded the land to the Nubian community. This outcome provides the community with enhanced certainty regarding their claim to the settlement, resolving years of legal ambiguity.

Despite this significant legal victory, the community's journey for full tenure security continues. Residents are now actively seeking formal title documents to solidify their ownership. Sheikh Musa Ismail Haji, chairman of the Kisumu Muslim Association, who accompanied advocate Nyamori, has publicly appealed to President William Ruto's administration. Haji urged the government to facilitate the issuance of title deeds to the affected families, emphasizing that formal ownership documents would provide lasting security and protect residents from future land disputes, akin to the support provided to other minority communities in the country.

Lawyers advising on land disputes, particularly those involving historical community claims or evictions, should note this Supreme Court precedent. It reinforces the recognition of long-standing community land rights over later allocations and highlights the constitutional violations inherent in unlawful demolitions, providing a strong basis for challenging evictions and seeking compensation for affected clients.

Source: Original reporting via unnamed source