JUDGMENT OF KOOME, JA
[1] This is an appeal against a Ruling by Komingoi, J., delivered on 24th July, 2017. A glimpse of the background information shows that Makupa Transit Shade Ltd, (respondent) was engaged in the business of a Container Freight Station at Makupa in Mombasa County. It resolved to expand its cargo handling facility and to that end, it sought and obtained several development approvals from the necessary government agencies between the year 2012 and 2013. In particular, it obtained approval for the reclamation of a portion of 9 acres from the Indian Ocean to facilitate its expansion from the National Environment Management Authority and the County Government of Mombasa on 17th December, 2012 and 14th January, 2013 respectively.
[2] Just as the respondent was about to commence the reclamation, the Director of Planning and Architecture, Mombasa County, (appellant) vide a letter dated 27th October, 2016 suspended the approval earlier issued on the ground that the responden…