The High Court in Nairobi has ordered Muthaiga Country Club to temporarily allow city lawyer Donald Kipkorir access to the premises whenever he is invited by its members, pending the determination of his case.
Mr Kipkorir had sued the prestigious club for allegedly denying him access, which he said is a violation of his constitutional rights.
“In the meantime, a conservatory order is hereby issued restraining Muthaiga Country Club, its officials, agents, servants and or anyone acting on its behalf, from denying the petitioner (Mr Kipkorir) access to the club premises on invitation by members of the club,” said Justice Chacha Mwita.
Mr Kipkorir said in a petition to the High Court that the denial occurred on two occasions, a move that impeded his work as an advocate and consequently violated Article 10 of the Constitution. He said the move impeded his work as an advocate since his clients were club members.
The judge directed Muthaiga Country Club to file its response within seven days and scheduled the case to be mention on October 15.
The lawyer said he was invited by a client, who is a member of the club, to take instructions in a matter but he was denied entry.
When he asked the security officials the reasons for denying him entry, he claims there was no cogent explanation.
Mr Kipkorir said from his own perspective, the club may have put him on a blacklist of persons not permitted to enter.
He said the incident on August 9, 2024, is a continuation of another one that allegedly occurred in October 2022 when he was denied access but was allowed to enter after complaining.
Besides the denial of access, he said he was asked to leave while being treated “like a stray dog, a homeless hound that had crushed the hallowed grounds of the privileged elite”.
Before these incidents when he was barred, Mr Kipkorir said he had been attending meetings at the club for more than 20 years unhindered.
He said he is not a member and does not want to join, but that he cannot be denied access to meet his clients who are members.
“Kenya is not a patriarchal patrimonial state, a monarchy, a military state, an apartheid state, a cast state, or a colonial state that governance supports the organic segmentation and discrimination of its citizens as public policy mantra,” he said in the petition.
