The High Court has granted prominent city lawyer Donald B. Kipkorir a reprieve in his ongoing dispute with Muthaiga Country Club, after the court ordered the club to llow him temporal access to the premises.
High Court judge Chacha Mwita on Monday issued a conservatory order preventing the club from denying Kipkorir access, provided that he is invited to the club by a member.
Korir had sued the prestigious club for allegedly denying him access, which he said is a violation of his constitutional rights.
The petition, robustly argued by Kipkorir’s lawyer, Patrick Wanyama, alleges that the club’s actions may be racially and tribally motivated, given that its board is predominantly white.
“At the right time, we will demand to know the immigration status of the board members,” said Wanyama.
Kipkorir, who has never applied for membership at Muthaiga Country Club and has no plans to do so, believes that the club’s repeated denials of his access are unjustified and discriminatory.
He described two incidents—one in August 2024 and another in October 2022—in which he was denied entry despite being invited by a club member to meet with clients.
Kipkorir argued that the denial of access had an impact on his professional obligations because he could not meet with his clients on club premises.
Furthermore, the lawyer noted that he is also barred from dropping off or picking up his children during family gatherings at the club, a situation he finds deeply troubling.
According to court documents, Kipkorir, who has over 30 years of legal experience and is a member of several prestigious legal organisations, was treated unfairly by the club’s security during these incidents.
He described being asked to leave “while being treated like a stray dog” and subjected to discriminatory treatment akin to colonial-era segregation.
In his petition, Kipkorir emphasised that Kenya is a constitutional democracy in which citizens’ rights are paramount and cannot be undermined by private entities such as Muthaiga Country Club.
He argued that the club’s actions resembled those of a “colonial entity,” where racial and class discrimination thrived, and urged the court to intervene.
Before the case goes to trial, Kipkorir seeks not only damages for a violation of his constitutional rights, but also a permanent order prohibiting the club from denying him access in the future.
“Muthaiga Country Club cannot continue to operate like a colonial relic in modern-day Kenya, where fundamental rights are protected under the Constitution,” Kipkorir’s legal team stated.
The lawyer’s petition asks that the club be held accountable under the country’s Bill of Rights, which can be enforced even against private institutions that violate citizens’ rights.
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