Safaricom PLC headquarters in Westlands, Nairobi. FILE PHOTO | DENNIS ONSONGO | NMG

Safaricom has been barred from trespassing right into a gated neighborhood in Murang’a county to put in fibre community till the corporate has obtained consent from plot house owners.

Justice Lucy Gacheru granted a everlasting injunction towards the telco from putting in the web at Thika Greens Ltd after the resident accused the agency of coming into their land with out their consent.

The property has 960 plots and Safaricom claimed to have obtained consent from Water Falls Welfare Group, a administration firm shaped to deal with the property’s welfare.

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“This court docket has already herein above discovered that the first and 2nd Defendants (Safaricom and Decko Africa Ltd) accessed and commenced fiber set up works on the Plaintiff’s land with out consent and that their actions amounted to trespass,” the choose mentioned.

She, nevertheless, declined to order the telco and the contractor (Decko Africa ltd) to take away poles and different objects, which had been erected on the plot prepared for the set up of the fibre.

The choose famous that Safaricom produced a listing of 164 names of residents who had, in their very own particular person capacities, consented to the set up of the fibre community.

“It could due to this fact be untenable to concern a compulsory injunction compelling the Defendants to take away all of the fibre installations or another supplies erected on the swimsuit land,” the choose mentioned.

The court docket heard that Safaricom had in October 2019, expressed curiosity to provide fibre networks to a few of the residents dwelling within the property.

Being a personal improvement, the telco wanted permission and authority to entry and set up the identical.

The events held a number of conferences however the residents raised reservations and objections and categorically denied Safaricom permission to proceed with the set up of overhead poles and additional required it to put in writing a proper letter requesting to be allowed to supply web companies to the event.

Regardless of objections, the corporate went forward and began the works nevertheless it was stopped.

Safaricom mentioned that after conducting a feasibility examine it started to put in the fibre community to supply web connectivity companies.

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The corporate mentioned the set up works it performed weren’t unlawful, and all of the related permits and consents of the householders and the developer have been obtained previous to set up.

The corporate had already spent Sh10 million within the works.

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