Vivo Energy and Mountain View Mall lock horns over land
By Fredrick Obura | February 2nd 2020
Vivo Energy has refuted claims in social media that it has blocked access to a public road leading to the Mountain View Mall in Kangemi, Nairobi.
In a newspaper notice, the oil marketer accused the mall of constructing a pavement on Vivo’s land without seeking permission.
It has in the meantime invited the Nairobi County Government and National Environmental Management Authority to inspect the developments on the mall and ‘encroachment’ on its property.
On Friday, there were social media claims that Vivo Energy Kenya has blocked access to a public road leading to the Mall.
“We wish to clarify that the pavement whose photographs are circulating on social media is constructed inside the Shell Kangemi Service station and not on public land. There remains an accessible public road next to the Trust Land which borders Shell Kangemi service station,” reads a communication from Vivo Energy.
According to the statement, Vivo claims to be the registered owner of the property known as LR Number 13646/3 on Waiyaki Way where Shell Kangemi service station is located.
It is understood that over a while, the Mall approached Vivo Energy Kenya seeking to be granted an easement on the Shell station to enable mall to have access to its basement parking.
Vivo says discussions were held and proposals made but which were conditional to parties executing a registerable instrument.
“In the recent past, the mall without any legal right, without any written consent and signed registered instrument proceeded to encroach on Shell Kangemi by constructing access roads, canopies and a main vehicular and pedestrian access within the middle of the station,”
The encroachment and trespass by the mall is the subject of court proceedings in environmental and lands court.
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