Muthaiga Club challenges order allowing lawyer Donald Kipkorir access

Muthaiga Country Club wants a court order obtained by lawyer Donald Kipkorir last week, directing the management to allow him access to the premises whenever he is invited by his clients, who are members of the club, lifted.

In an application filed under a certificate of urgency, the club on Tuesday said the order interferes with a private members club’s right and privilege to admit and exclude persons to its premises, in a manner permissible by law.

The club further said Mr Kipkorir’s petition does not raise any constitutional issues to be considered by the court and ought to be struck out.

On September 9, High Court judge Chacha Mwita directed the club to allow Mr Kipkorir access to the premises, whenever he is invited by his clients, who are members of the club.

“The petition does not meet the threshold of a constitutional petition as there is no evidence to support the allegations of a breach of any of the petitioner’s constitutional rights as set out in the petition, including freedom from discrimination,” the club said in the application. 

The lawyer moved to court early this month, accusing the club of denying him access to the premises, in violation of his constitutional rights.

Mr Kipkorir said he had been denied entry to the club on two occasions, a move that impeded his work as an advocate.

The club, however, said the petition is an improper attempt to give Mr Kipkorir access to a private members club when he is not a member and does not wish to become one.

Muthaiga Country Club further said Mr Kipkorir failed to disclose material facts and matters relating to the dispute between him and the club.

“The petitioner failed to disclose that the 1st respondent (the club) informed him of the reasons he was denied entry into the premises,” the club said through the law firm of Hamilton Harrison & Mathews. 

The club also wants the names of the 17 current and former officials of the club, named in the petition, struck out saying there is no cause of action against them and are not necessary parties in the case.

“The petition is frivolous, vexatious, and an abuse of court process,” the club added. 

While granting Mr Kipkorir the order, Justice Mwita gave the club seven days to file its response and set the hearing for October 15.

Mr Kipkorir said he often meets his clients outside his chambers to take instructions and Muthaiga Country Club is one such place.

On August 9, he said he was invited by one of his clients, who is a member of the club to take instructions in a matter, but he was denied entry.

He said when he asked the security officials the reasons for denying him entry, there was allegedly no cogent explanation. 

The lawyer said the incident was 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”.