Vivo Energy in Tribunal Court over Malicious Defacing

KenMark trading Company, which operates Foodies supermarket at Shell petrol station in Karen, has taken the Vivo energy, the company behind the Shell brand in Africa, to a tribunal court over malicious defacing.

The company which has been a resident of over 20 years at the premise, sights frustration of its operations by the energy company.

Last year June, KenMark Company who had a renewable tenancy were asked to leave the premises since it was to undergo reconstruction but instead, they challenged the decision saying the retailer is a protected tenant.

The company through a letter signed by its lawyer Andrew Wandabwa, the word ‘not safe for use’ painted was done in bad faith by Vivo energy and the tribunal should note that.

It contests that on March 7, 2020, Vivo nominated contractor’s foreman present at the site painted the words ‘not safe for use’ on the building where it operates.

“Aggrieved by the painting, our clients filed a complaint at Karen Police Station with reference number OB 58/7/3/2020,” said Wandabwa adding that “our client needed to know whether those orders came from above.”

Wandabwa added that there was a continuous knock on the backside of the building in which the supermarket operates.

He informed the tribunal that such actions appear to compromise the building’s structure to lend credence to the contractor’s position that the premises are ‘not safe for use’.