Failure by Muthaiga Country Club to give sufficient explanation to city-based lawyer Donald Kipkorir after denying him entry last year violated his right to dignity, the High Court has said.
While ordering the club to pay the lawyer Sh1 million, the court said the decision to turn him away on August 9, 2024, was humiliating, “piercing his human dignity and violating the core of his right”.
“The humiliation, coupled with the lack of justifiable reasons, injured the petitioner’s right to human dignity in violation of Article 28 of the Constitution,” the court said.
The court also cited Article 47(2) of the Constitution, which provides that when a person’s rights or freedom are adversely affected by administrative action, the individual is entitled to written reasons for the action.
Mr Kipkorir told the court that the incident was a continuation of an earlier one in October 2022, when he was denied access to the club but was later allowed in after complaining.
Lawyer Donald Kipkorir.
Photo credit: File
He added that on the day in question, he was treated “like a stray dog, a homeless hound that had trespassed on the hallowed grounds of the privileged elite”.
The lawyer said he had been attending meetings at the club for more than 20 years without restrictions.
Though he is not a member of the club and has no intention of joining, he argued that he should not be barred from accessing the premises to meet his clients who happen to be members.
In its defence, Muthaiga Country Club said the petition sought to interfere with the rights of a private members’ entity to determine who it admits.
The club said granting Mr Kipkorir’s request would effectively compel it to allow access to non-members, contrary to its by-laws.
It added that membership is limited to registered members, their invited guests and members of reciprocating clubs.
Muthaiga Country Club told the court that the reasons for denying the lawyer entry were communicated to his hosts and lawyers after the first incident.
It said it has a membership of more than 6,500 from diverse ethnic and national backgrounds and that members are free to invite guests.
“Muthaiga Country Club was established to provide its members and their guests a venue for social gatherings and accommodation,” the club’s lawyer told the court.
It claimed that Mr Kipkorir’s social media posts had damaged its image and brand, and that his conduct influenced its decision to deny him access.
The club described the lawyer as a “habitual abuser of the court process who uses litigation to advance personal interests”.
Lawyer Donald Kipkorir at a past event in Nairobi.
Photo credit: File | Nation Media Group
According to the club, it does not perform any public function, and therefore, its internal decisions cannot be subjected to constitutional interpretation or scrutiny.
However, the court rejected the argument, insisting that the Bill of Rights binds not only the state and its agencies but also private entities and individuals.
The court added that the club failed to show when the decision to exclude the lawyer was made or whether it occurred before or after his invitation.
It said Mr Kipkorir’s host was informed he would not be allowed in only after the lawyer had arrived and been turned away.
As a result, the court found that the club’s actions were arbitrary and unjustified, leading to unnecessary humiliation.
“The petitioner drove away in indignation, not knowing what was happening,” the court noted, awarding him Sh1 million in damages for the violation of his right to human dignity.
The court, however, dismissed the allegation that he was discriminated because of his ethnicity.
It was noted that from his assertions, some people from his ethnicity are members of the club and occasionally invited his children to the club.
