A company operating a supermarket at shell petrol station in Karen has taken Vivo energy to a rent tribunal for malicious defacing.
KenMark trading company, which operates Foodies supermarket, says that Vivo is frustrating its operations.
The company, which has operated in the said petrol station for over 20 years, now wants the rent tribunal to intervene.
Vivo in June last year asked Foodies supermarket whose tenancy was renewable to vacate the premise to allow it reconstruct.
The retailer contested the decision alleging that it is a protected tenant.
In a letter signed by its lawyer Andrew wandabwa, the company said the painted word ' not safe for use’ was done in bad faith by Vivo and ought to be noted by the tribunal.
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.
“Our client needed to know whether those orders came from above," said Wandabwa.
The lawyer added that on the same date, there were continuous knocks from 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’.
“The landlord’s agent actions constitute bad faith on their part and ought to be noted by the tribunal,” said Wandabwa.