Muthaiga Country Club to pay lawyer Kipkorir Sh1m for access denial

Prominent lawyer Donald Kipkorir. [File, Standard] The High Court in Nairobi on Friday awarded lawyer Donald Kipkorir Sh1 million as compensation for being denied entry to the exclusive Muthaiga Country Club. In his judgment, Justice Chacha Mwita said that the private member's club had violated the lawyer's right to fair administrative action. Nevertheless, the Judge dismissed Kipkorir's claim that he was racially discriminated. He also ordered the club to pay the cost of the case. "The petitioner was not given the reason for being denied entry to the club prior the incident of August 9, 2024, making it unclear when the decision to exclude him was made," said Justice Mwita. The city lawyer sued Muthaiga, claiming that he was unceremoniously locked out of the club despite him being a guest of one of its members. Muthaiga's management, on the other hand, told the court that it denied 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 of why he was not welcome to the club. "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. On its website, Muthaiga indicates that it is a private members' club with exclusive membership and limited access to members, their guests, and members of reciprocal clubs. But Kipkorir, in his cas,e argued that the club has no right to lock him out, even if he is a visitor. He claimed that he was unceremoniously locked out of the club. 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 told the court he is a decorated advocate with an impeccable reputation. According to him, the denial is tantamount to claiming the contrary. 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. Justice Mwita allowed Muthaiga's plea to suspend execution of the judgment for 30 days to allow it move to the Court of Appeal.

Muthaiga Country Club to pay lawyer Kipkorir Sh1m for access denial

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Muthaiga Country Club to pay lawyer Kipkorir Sh1m for access denial

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