Nubian community wins Kibos land dispute against Kenya Railways

KISUMU, Kenya, Oct 26 — The Nubian community in Kibos, Kisumu, has won a long-running land dispute against Kenya Railways after the Supreme Court upheld earlier court decisions recognising the community’s rights to the contested settlement.

The ruling, delivered on Friday, October 23, marks a major milestone for families who have lived on the land for generations but lost their homes, a nursery school and a mosque during a demolition operation in 2021.

Joshua Odiambo Nyamori, the advocate who represented the community, addressed residents on Monday, saying the Supreme Court decision left intact an Environment and Land Court ruling that recognised the community’s claim to the land.

Nyamori said the community had been allocated the settlement in 1937, decades before Kenya Railways was granted the land it claimed to own.

“We are here with excitement after the Supreme Court of Kenya pronounced itself on Friday that the land on which we stand belongs to the Nubian community living in Kibos,” he said.

He explained that the community’s settlement in Kisumu dates back to the colonial period, when the railway reached the lakeside town in the early 20th century.

According to Nyamori, Nubian elders met the colonial administration in 1937, leading to the allocation of the current settlement to the community.

He said the Environment and Land Court established that Kenya Railways was granted its land in 1963, after the community had already been allocated the settlement. The court also found that the boundary separating the community’s settlement from railway land had been clearly marked.

The dispute escalated in 2021 when homes and community facilities were demolished in an eviction operation that Nyamori said was carried out at night during the COVID-19 pandemic.

“When the bulldozers started rolling over their houses, the nursery school and even the mosque, they reduced a thriving settlement to total ruins,” he said.

Nyamori recalled meeting elderly residents who had been left without shelter after the demolitions, describing the destruction as a severe blow to their dignity and livelihoods.

He said the community subsequently moved to court seeking protection from eviction and recognition of its land rights.

The Environment and Land Court found that the manner in which the demolitions were conducted violated residents’ constitutional rights, including the rights to housing, property and human dignity, according to Nyamori.

The court also allowed the community to pursue a separate case seeking compensation for property destroyed during the operation.

Kenya Railways challenged the decision at the Court of Appeal, which dismissed its appeal before the matter proceeded to the Supreme Court.

“The effect of that decision is that the Environment and Land Court decision that gave the land to the community stands as the valid decision,” Nyamori said.

The ruling offers the community greater certainty over its claim to the settlement after years of legal uncertainty. However, residents are also seeking formal title documents to strengthen their tenure security.

Kisumu Muslim Association chairman Sheikh Musa Ismail Haji, who accompanied Nyamori, called on President William Ruto’s administration to facilitate the issuance of title deeds to affected families.

“We are asking President William Ruto to help this community secure title deeds, just like other minority communities in the country,” Haji said.

He said formal ownership documents would provide lasting security and help protect residents from future disputes over the land.

Haji also said he was engaging well-wishers to support the construction of decent houses for families whose homes were demolished in 2021.

He called for urgent assistance to help residents rebuild their homes and restore their dignity after years of hardship.

“We want the title deeds issued to the families before the 2027 General Election so that they can live here with security and peace,” he said.