The minority Nubian community has a reason to smile after an appellate court in Kisumu dismissed Kenya Railways appeal that would have left them landless and homeless.
In a judgment delivered by justices Asike Makhandia, Luka Kimaru, and Hellen Omondi, the appellate court established that the respondent's right to housing was violated as their houses were demolished without considering their welfare. "By destroying the respondents' houses, churches, and schools, the appellant denied the respondents' socio-economic and cultural rights under Article 43 of the Constitution of Kenya 2010," the judgment read in part.
The judges who upheld high court's justice Antony Ombwayo's judgment dismissed Kenya Railway's appeal saying that the contention that the judge did not analyze evidence lacked merit. "We did not detect any error in law or on the application of legal principles on the part of the learned judge, as to warrant interference with his decision," the judges ruled.
According to the appellate court judges, Kenya Railways failed to demonstrate that it suffered any prejudice or a miscarriage of justice.
