The High Court in Nairobi on Tuesday extended orders barring a private club from denying a lawyer entry.
Justice Chacha Mwita directed Muthaiga Golf Club to allow lawyer Donald Kipkorir to visit the facility until the case is heard and determined.
This comes as Muthaiga Golf Club’s management told the court that it denied Kipkorir entry following a negative comment on social media about a chef at the club.
Senior lawyer Jonathan Stewart Philip Coulson, the club chair, said that Kipkorir was aware why he was not welcome to the club. However, he should have disclosed this to the court.
“The decision to deny the petitioner access to the club was communicated to the members who invited him and the petitioner’s lawyer. By an email dated December 15, 2022, Mr Kitili Mwendwa was informed that the petitioner was not allowed to the club. By an email dated December 14, 2023, the petitioner’s lawyer was informed of the decision,” said Coulson in his reply filed by senior lawyer Kiragu Kimani.
According to Coulson, Julie Scott, a member, had invited Kipkorir to attend on August 9, 2024. However, he said, the club notified her at 10:45 a.m. that he was not welcome as a guest.
He asserted that there was no record of the lawyer visiting the club or being turned away on that date.
“It is not true that the petitioner was treated like a stray dog, a homeless hound that had crushed the hallowed grounds of the privileged elite as set out in paragraph 14 of his affidavit,” he said.
Coulson said that the club, which was started in 1913, has over 6,500 members from all races and ethnicity and has had many guests from diverse religious backgrounds, genders, races, and beliefs.
“The first respondent considered the harm to the club’s reputation by the petitioner’s Facebook post, considering it prides itself in providing its members and their guests unique services and amenities such as first class sports facilities, a well-equipped library with over 200,000 books, and food prepared and served by its exceptional qualified staff,” Coulson said.
Kipkorir in his case claimed that he was unceremoniously locked out of the club.
According to his lawyer, Peter Wanyama, he does not want to be a club member but has relatives, clients, and friends who are members.
He argued that the club has no right to lock him out, even if he is a visitor.
Kipkorir claimed that he could not attend family functions, drop his children to the club whenever his kin have events, or even meet his clients who are members.
“Petitioner states that Muthaiga Country Club cannot keep and implement administrative rules that hinder access by law abiding Kenyans of its premises; especially when they are invited by its members. Article 27 (5) of the Constitution Bill of Rights proscribes the Club from engaging in discrimination (directly or indirectly) based on race, sex, pregnancy, marital states, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth,” argued Wanyama.
Kipkorir narrated that on August 9, 2024, he was invited by a client who is a member of the club, to take instructions in a case but was denied entry.
He asked the security officials reasons for his denial of entry, but no convincing explanation was provided.
The lawyer suspects that he had allegedly been placed on the red flag. He told court that he had been previously denied access but was allowed after he complained.
Kipkorir disclosed that he had been invited to the club between October 2022 and August 2024 by Uasin Gishu Women Rep Gladys Boss, Maluki Mwendwa, Kennedy Odede, Henry Njoroge and Julie Dabaly Scott.
However, he alleged that despite his clients being members, he was not allowed to set foot beyond the club’s gate.
“From the petitioner's perspective, Muthaiga Country Club may have recently put him in a 'blacklist' of persons not permitted to enter the club. Further, the incident is a continuation of another one that occurred in October 2022, where the petitioner was denied access but later allowed only after making a complaint. Prior to this, the petitioner has at the invitation of members of the club, been attending meetings at the club for more than 20 years, unhindered and without any fetters at all,” argued Wanyama.
Muthaiga is located 15 minutes from the Nairobi Central Business District. It was opened in 1913 and became an assembly place for the British settlers.
The colonial events were captured in movies and novels such as ‘white mischief’ and The Man Whom Women Loved: The Life of Bror Blixen.
Today, the club is frequented by men and women in the upper tiers of Kenyan society. Its members play golf at the Muthaiga Golf Club.
Muthaiga County Club’s mantra is Na Kupa Hati M'zuri' (I Bring You Good Fortune).
On its website, Muthaiga indicates that it is a private members club whose membership is exclusive and access is limited to members, their guests, and members of reciprocal clubs.
According to Kipkorir, its regulations require that a member be given a written reason why his or her guest has been denied access.
He argued that it did not happen in his case.
Kipkorir told the court he is a decorated advocate with an impeccable reputation. He argued that the denial is tantamount to claiming the contrary.
The lawyer said that before the incident, he had unfettered access to the club for two decades. He now wants the court to find that access denial was against his rights. At the same time, he is asking to permanently block the club from denying him access.
Kipkorir is also seeking compensation for alleged violations of his rights.
“Besides, the denial of access, specifically where the Petitioner was asked to leave, treated like a stray dog, a homeless hound that had crushed the hallowed grounds of the privileged elite-violated the petitioner's right to personal dignity that Article 28 of the Constitution protects,” Kipkorir's lawyer claimed.
