Muthaiga Country Club has filed an urgent application seeking to overturn a court order that grants lawyer Donald Kipkorir access to its premises whenever invited by his clients, who are members of the exclusive club.
The order was issued by High Court Judge Chacha Mwita on September 9, directing the club to allow Kipkorir entry when requested by his clients.
The club argues that the order infringes on its rights as a private members’ establishment, which maintains control over who is granted access to its premises. In the application filed on Tuesday, the club contends that Kipkorir’s petition, which led to the court order, lacks constitutional merit and should be dismissed.
“The petitioner did not reveal that the club had informed him of the reasons for his denied entry,” the club, represented by the law firm Hamilton Harrison & Mathews, stated in its court filing.
Muthaiga Country Club maintains that the petition does not meet the necessary legal threshold for a constitutional case, asserting that there is no evidence of any violation of rights, including the freedom from discrimination. The club argues that the petition is an inappropriate attempt by Kipkorir to gain access to a private institution without being a member or expressing any interest in joining.
Kipkorir had filed a lawsuit earlier in September, claiming that the club had violated his constitutional rights by denying him entry on two separate occasions. He argued that the refusals interfered with his duties as a lawyer representing clients who are members of the club.
The club further seeks to have the names of 17 current and former officials removed from the petition, arguing that they are not relevant to the case. In its submission, the club described the petition as “frivolous, vexatious, and an abuse of the court process.”
Justice Mwita granted the club seven days to file its response, and a hearing has been scheduled for October 15. The outcome of the hearing could set a precedent for how private institutions handle such disputes involving non-members.
