The Supreme Court delivered a judgment on 23 October that the eviction of more than 3,500 members of the Nubian community from Kibos Settlement in Kisumu County was unconstitutional, dismissing Kenya Railways' appeal.

The five‑judge bench, led by Deputy Chief Justice Philomena Mwilu, held that the residents had acquired constitutionally protectable proprietary rights under Articles 40, 43 and 60 of the Constitution.

The court affirmed that the eviction violated the respondents' rights in breach of constitutional, statutory and international safeguards governing evictions.

The ruling reiterates that the Constitution protects housing rights of occupants of informal settlements even when they lack formal title deeds, obliging authorities to follow lawful procedures before any removal.

The dispute originated in 2021 when Kenya Railways issued eviction notices and demolished structures in Kibos, asserting the land formed part of the railway reserve.

Residents contested the eviction, citing colonial‑era licences from 1937 and a 2012 government development plan that recognised the settlement, as well as a 2015 scheme to formalise the area with allotment letters and eventual community title deeds.

Judges highlighted that the Nubian community had lived on the land for generations, establishing homes, schools, health facilities and other amenities, thereby establishing de‑facto proprietary rights.

The Supreme Court dismissed the railways' appeal, stating that the appeal stands to be dismissed and the eviction order is set aside.