Issue Management: Vivo Energy Kenya and Mountain View Mall Issue of a Blocked Public Road

Joep Cornelissen defines an issue as: (1) a concern about an organization’s decision and operations; that may or may not also involve (2) a point of conflict in opinions and judgements regarding a company’s decisions and operations. In January 2020, Vivo Energy Kenya – the company that distributes and markets Shell-branded fuels and lubricants faced backlash online – on allegations that it had blocked a public road leading to the Mountain View Mall in Kangemi, Nairobi.?

In fact, for the better part of 30th and 31st January 2020, Social Media sites of Facebook and Twitter were awash with allegations of the corporate organization blocking Kangemi residents from accessing the mall. This blog, in an article entitled?‘Shell Kangemi vs. the People of Kangemi…You Decide’?asserted that the Kangemi residents were being blocked because they were residents of a lower class compared to their neighbouring counterparts of Loresho and Kiuna. Considered a slum, Kangemi is located in the outskirts of the capital, Nairobi on Waiyaki Way and borders the fairly affluent residential areas of Mountain View, Westlands, Kiuna, Loresho and Parklands estates. It is one of Nairobi’s largest slums with over 100,000 residents of diverse ethnicities.

It thus brings to the fore, the question that Vivo Energy Kenya, would be so callous as to decide to block an access road for residents considered ‘low-class’ while leaving better access to the ‘middle/upper’ class residents in accessing the Mountain View Mall.?

Vivo Energy Kenya was quick to respond to allegations and issued a statement to media houses.?The Standard reported that in a newspaper notice, the Vivo accused the mall of constructing a pavement on its land without seeking permission. The paper added that Vivo had in the meantime invited the Nairobi County Government and National Environmental Management Authority (NEMA) to inspect the developments on the mall and the encroachment on its property.

A communication from Vivo clarified that the pavement whose photographs were circulating on social media was constructed inside the Shell Kangemi Service Station and not on public land. The notice from Vivo further added that there remained an accessible public road next to the Trust Land which bordered the Shell Kangemi Service Station. Vivo went on to maintain that it was the registered owner of the property known as LR Number 13646/3 on Waiyaki Way where Shell Kangemi service station is located.

In a statement posted on its?Twitter, and?Facebook?pages, Vivo made the following clarifications;

The pavement shown on the photographs circulating on social media is constructed inside Shell Tegemeo service station located in Kangemi and not on public land.

The pavement was constructed by a private developer on Vivo Energy Kenya’s land without authorities’ approvals or Vivo Energy Kenya approval.

Vivo Energy has placed a Caveat Emptor at Shell Tegemeo (Kangemi) service station, directed at the private developer who has encroached and trespassed on Vivo Energy Kenya property.

The community in the Kangemi Area has co-existed peacefully with Shell Tegemeo service station for 33 years and continues to do so.

The illegal construction matter has been reported to the relevant Government Authorities to investigate and is also in court for determination.

Further, according to the Standard, for a while, the Mall Management approached the corporate organization seeking to be granted an easement on the Shell Station to enable the 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. Additionally, Vivo noted that in the recent past, the mall went ahead and proceeded to encroach on Shell Kangemi. The encroachment by the Mall happened in the absence of any; legal right, written consent or signed registered instrument by the construction of 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 at the environmental and lands court.

Issue Communication Response Implications

Vivo Energy communicated quickly and issued clarity on a topic that was trending on social media for the better part of the day. Communicating quickly was in order since the issue involved a threat to a peaceful existence between Vivo Energy and the Kangemi Community. It was wise on Vivo’s part to protect by all means necessary, a peaceful relationship that had been in existence for over three decades.

The company demonstrated resoluteness in providing clarification and truth on the issue whilst leveraging on the very online media that was used to malign it. Also, by issuing statements to the media, the company hopefully used the media to help it fight the fake assertions of blocking a public road leading to the Mountain View Mall.?

Little is known about the genesis of the online onslaught, there however existed a trending hashtag on Twitter #BoyCottShellKangemi – calling on the boycott of the service station. It is also not clear whether the Mountain View Mall management directly instigated the onslaught of false claims on Vivo Energy Kenya. What followed afterwards were positive trending hashtags on the issue on Twitter e.g.; FactsOnShellKangemi, #VisitShellKangemi #LandGrabberExposedAtShell – perhaps sponsored by Vivo Energy company itself.

Vivo Energy's highly visible efforts of issuing clarity on an issue that attempted to malign its reputation seem to have created some boost to its credibility in the eyes of the public. The fact that it showed concern in issuing clarification on the peaceful existence it had had with the Kangemi Community also portrayed a company that understood the implications of conflict within communities that it operates. Further, evidence of an organization that understood the consequences of well-handled issue communication management is when in its notice to media houses, the company illustrated that it had even previously engaged the Mall management and discussions held and proposals made but which were conditional to parties executing a registerable instrument. Also, the engagement of relevant Government and County authorities i.e. Nairobi County Government and NEMA to inspect the developments on the mall and encroachment on its property indicate a business that wanted to resolve/handle the issue not only professionally but also legally. Vivo realizing that no amicable resolution was forthcoming thus opted to have the trespass and encroachment by the Mall matter be determined at the Environmental and Lands Court – another example of a previously failed resolution before the issue trended on social media.

Why did Vivo Energy handle the issue as it did??Perhaps, it’s geared towards its vision of becoming the most respected company in Africa.?To be respected thus calls for a need to co-exist peacefully with communities one operates in and also in following laid down government rules and protocols in resolving issues like Vivo decided to do with the Mountain Mall issue. Further,?Vivo Energy Kenya seeks to make a real and lasting difference to the community where it operates as it employs local people and serves local businesses and individuals. Vivo’s work in the community is driven by the lasting social and economic benefits for these communities and a need to engage with them and earn their respect and trust. Consequently, factoring the company’s overall vision and its commitment to communities it operates within, must have therefore compelled Vivo Energy Kenya to issue honest unbiased clarity to the public making the issue not blow out of proportion and escalate into an unnecessary crisis to the organization. It is also worth noting that corporate organizations also operate under certain ethos and being seen as inconsiderate to the masses would not have done the company image and reputation any good.

Vivo Energy Kenya does not seem to have been greatly scathed by the allegations of blocking a public road leading to the Mountain View Mall. As a matter of fact, Vivo Energy Kenya remains one of Kenya’s leading oil and energy companies with the highest market share compared to its competitors Total Kenya and Rubis Energy as of the year 2020.?Petroleum Industry East Africa (PIEA) reported that Vivo Energy Kenya grew its market share by 14.86 per cent, 16.92 per cent and 18.5 per cent in 2020 quarters one, two and three respectively.?

That Vivo Energy Kenya is still a market leader in the oil sector despite an issue that threatened to create negative publicity shows how well steered issues can be overcome if successfully handled.