Muthaiga Club: This is why lawyer Kipkorir is not welcome

The High Court in Nairobi on Tuesday extended orders barring a private club from denying a lawyer entry.

Justice Chacha Mwita directed the club to allow the lawyer to visit the club until the case is heard and determined. This comes as Muthaiga Country Club’s management told the court that it denied Donald Kipkorir entry following a negative social media comment about a chef employed 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 the club on August 9, 2024. However, he said, the club notified her at 10:45 am 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.

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“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 contended.

Kipkorir, in his case claimed that he was unceremoniously locked out of the club.

According to his lawyer, Peter Wanyama, Kipkorir 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.

He claimed that he could not attend family functions, drop his children to the club whenever his kins 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 stated that when he asked the security officials reasons for his denial of entry, no convincing explanation was provided. Kipkorir said he was unable to meet the client.

The lawyer added that he been previously denied access but was allowed after he complained.

The lawyer further stated that he had been invited to the club between October 2022 and August 2024 by Gladys Boss ( Uasin Gishu women rep), 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.

Today, the club is frequented by people in the upper tiers.