Prominent lawyer Donald Kipkorir has secured court orders granting him access to the prestigious Muthaiga Country Club, after he was barred from the facility on two occasions.
High Court Judge Chacha Mwita, temporarily suspended the club’s decision to deny Kipkorir entry until the matter is heard next month.
The lawyer argued that the club’s denial of access was a breach of his constitutional rights and severely impacted his professional activities.
According to his petition, Kipkorir had been invited by clients, who are club members but was denied entry without any valid explanation.
The lawyer argued that such actions impeded his ability to conduct his legal work effectively, which often involves meeting clients in various locations, including the club.
In his petition, Kipkorir said that the refusal to grant him access on August 9, 2024, and an earlier incident in October 2022, was unjust treatment.
He emphasized that he has been a regular patron of the club for over 20 years, meeting clients and attending events at the invitation of members.
The recent denial, he argued, seemed to be a continuation of a troubling trend and was detrimental to his practice and personal life.
Through Lawyer Peter Wanyama, Kipkorir contends that he is an advocate of impeccable integrity, without any accusations of corruption or criminal activity.
He told the court that recent denials have affected his professional dealings and made it difficult for him to participate in family functions and other social gatherings where the club is involved.
"Kipkorir has relatives who are members of the club; he cannot attend family functions. Moreover, he cannot drop or pick who the children when they are attending family functions with their cousins at the Club," said Wanyama.
He submitted that his client's relatives, children, clients, and friends don't understand why he has been blocked from the Club.
In his court filings, Kipkorir questioned whether the denials were influenced by racial or tribal biases, given that the club's board is predominantly of European descent.
"The make-up of the Board of Trustees/Management Muthaiga Country Club's comprise persons of European descent, who are the majority; could it be that l have been denied access because lam black and a Kalenjin? Could the blockade be both racial and tribal?" Kipkorir poses in his court papers.
He argued that the country's constitutional democracy ensures equal treatment and prohibits discrimination based on race, ethnicity, or social origin.
Wanyama contends that Muthaiga Country Club’s actions undermine fundamental democratic principles and individual rights as enshrined in the Constitution.
He argued that the club’s administrative decisions should not obstruct law-abiding citizens from accessing facilities based on unjustified criteria.
"Petitioner is not a member of the club and does want to be a member, but he cannot be denied access to the club to meet clients who are members of the club," Wanyama told the court.
Justice Mwita acknowledged the seriousness of Kipkorir’s claims, noting that the issues raised pertained to fundamental rights and freedoms that required judicial intervention.
"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(lawyer Kipkorir)access to the club premises on invitation by members of the club, until October 15, 2024," Justice Mwita ordered.
The Judge warned that disobedience or failure to comply with the same will result in penal consequences.
