JUDGMENT OF THE COURT
1. Mwavumbo Group Ranch (appellant) is an entity registered under the Land (Group Representative) Act, Cap 287 of the Laws of Kenya having been registered as such on 15th July, 2015. It is also the registered proprietor of all that parcel of land known as Kwale/Mwavumbo/1 (the suit property) measuring approximately 24,908 Hectares situated in Mariakani Area of Kwale County.
2. Sometimes in the year 2014, the Government of Kenya embarked on its plans to construct modern railway infrastructure (Standard Gauge Railway (SGR)) between Mombasa and Nairobi. To that end it became necessary to acquire land that fell on the railway path. In exercise of its right of eminent domain, the Government through the National Land Commission (NLC) (1st respondent) initiated the compulsory acquisition process pursuant to Article 40 (3) of the Constitution of Kenya 2010, and the relevant provisions of the Land Act.
3. Having identified the land in question, the 1st respondent proceeded t…