Court Dismisses Kenya Railways’ Bid to Evict Muthurwa Residents as High Court Upholds Housing Rights

Court Dismisses Kenya Railways’ Bid to Evict Muthurwa Residents as High Court Upholds Housing Rights

Residents of Nairobi’s Muthurwa Estate have received a major legal reprieve after the High Court dismissed an application by Kenya Railways seeking to proceed with their eviction, ruling that the State must first comply with constitutional safeguards governing forced evictions and the right to adequate housing.

The landmark decision, delivered on Thursday, July 2, by Justice Lawrence Mugambi, reinforces the constitutional protections available to informal settlers and long-term occupants of public land, while reaffirming that government agencies must strictly follow due process before carrying out evictions.

The ruling stems from a long-running legal dispute dating back more than a decade over land owned by Kenya Railways, where hundreds of families have continued to reside despite previous court directives requiring a structured and humane relocation process.

Justice Mugambi ruled that Kenya Railways had not demonstrated compliance with earlier court orders issued in 2013, which established mandatory conditions that must be fulfilled before any eviction exercise could lawfully proceed.

The court found that although Kenya Railways remains the legal owner of the disputed property, ownership alone does not override constitutional guarantees protecting citizens from arbitrary or inhumane evictions.

“It is therefore my considered view that prior to the petitioners’ eviction being ordered, an integrated order that includes all the components that were comprised in the order issued 13 years ago must be complied with,” Justice Mugambi ruled.

The judgment effectively blocks any immediate attempt to remove residents from the settlement until the government satisfies all legal and constitutional requirements.

The dispute traces its origins to an August 2013 High Court judgment, which acknowledged Kenya Railways’ ownership of the land while simultaneously recognising the rights and dignity of residents who had occupied the area for many years.

In that landmark ruling, the court directed that any future eviction exercise must comply with internationally recognised human rights standards and constitutional protections.

Among the safeguards outlined were requirements that evictions should not be conducted at night, during adverse weather conditions, on public holidays or religious festivals, or immediately before school examinations in order to minimise disruption to affected families.

The court also directed both Kenya Railways and representatives of the residents to engage in mediation within 60 days to develop an agreed framework for relocation and implementation of the judgment.

However, the parties failed to reach consensus.

Following the unsuccessful mediation efforts, Kenya Railways filed an application dated May 14, 2014, asking the court to determine how the earlier judgment should be implemented.

In reviewing the application, Justice Mugambi noted that despite the passage of more than a decade, there was insufficient evidence demonstrating that the State had established the legislative and policy framework required to govern forced evictions in accordance with constitutional standards.

The court further observed that Kenya Railways had not shown that adequate safeguards existed to protect the affected residents before seeking enforcement of the eviction order.

Justice Mugambi emphasized that constitutional rights cannot be implemented selectively and that compliance with previous court directives must be complete rather than partial.

“Partial or selective implementation of certain components alone or leaving out others is impermissible and cannot be sanctioned by this honourable court. The application is therefore declined and dismissed in its entirety,” the judge ruled.

The ruling represents another significant judicial affirmation of housing rights in Kenya, where courts have increasingly insisted that public authorities balance property ownership rights with constitutional guarantees protecting vulnerable communities.

For the residents of Muthurwa Estate, the decision offers temporary relief from the threat of displacement while requiring the government to establish a lawful, transparent and humane process before any future eviction can take place.

The judgment is also expected to influence future land disputes involving public agencies, reinforcing that any planned evictions must strictly comply with constitutional protections, court orders and internationally accepted human rights principles before they can be legally enforced.

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Court Dismisses Kenya Railways’ Bid to Evict Muthurwa Residents as High Court Upholds Housing Rights