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SBM BANK FINED FOR BOMBARDING CLIENT WITH UNWARRANTED EMAILS.

Nairobi Times
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SBM BANK FINED FOR BOMBARDING CLIENT WITH UNWARRANTED EMAILS.

BY SAM ALFAN.

SBM Bank has been slapped with a Sh450,000 fine for unlawful data processing and bombarding a man with emails despite repeated complaints.

Data Commissioner Immaculate Kassait ordered the lender to pay Kelvin Rono Sh450,000 for processing his data unlawfully.

The commissioner ordered SBM Bank to pay the money as compensation after the bank was found liable for processing his personal data unlawfully.

“This Office therefore awards Rono Sh450,000 as compensation for the infringement of the Complainant’s right to object under Section 26 (c) of the Act and the unlawful processing of the complainant’s personal data without any justification for over a year,” ruled Kassait.

Based on Regulation 14 (2) (e) of the Enforcement Regulations, the data commissioner directed to ensure that it collects personal details from its customers in an accurate manner to avoid such incidents.

Kassait said SBM Bank failed to uphold the Complainant’s right to objection by failing to correct the email address in their system despite numerous requests by the Complainant to address the same. 

She said it took over one year for the lender to act and it only took the intervention of the Data Commissioner for the matter to be addressed.

“This Office further takes into consideration the fact that the Bank unlawfully processed Rono’s personal data and continued to send him emails despite his numerous requests to correct the error on their system,” said the Data commissioner.

She said from the investigations conducted, it is evident that SBM Bank did not capture their customer’s email address correctly at the time of onboarding and therefore, the allegation that it is the customer who provided Rono’s email is false.

Rono lodged a complaint alleging that he was receiving multiple emails from the lender with regards to PIN/Password/One-Time-Password (OTP) alerts, log in notifications, various alerts, account statements and promotional offers despite raising the issue with the Bank multiple times.

Rono alleged that since May 2023 up to the time of filing this complaint, he received 327 emails from the SBM Bank despite not being a customer or having any relations with the Bank. 

The emails consisted of PIN/Password/One-Time Password (OTP) alerts, login notifications, transaction OTPs, Account to Mpesa transaction alerts, password reset alerts, account statements and promotion and offers.

He alleged that he made numerous calls to the Bank through their official customer care line instructing them to stop using his email as he does not bank with them. 

Bank then subsequently raised several ticket numbers but they did not take any action. The Complainant attached a call log as proof of the same.

Rono also indicated that he wrote to the Bank five times on diverse dates in August 2023 instructing them to stop using his email address and no action was taken. He attached the emails sent to the Bank as proof of the same.

Bank responded that the email address provided by the customer was accurately captured by themselves and the purpose of the email was to facilitate quick and efficient communication between them and the customer.

The lender stated that it had no capacity to verify whether the email address belonged to a different person as it relied on data or information as provided by the customer.

The Bank indicated that the complainant was not a customer of the bank and therefore it cannot be in breach of its confidentiality or data privacy obligations as it cannot have divulged his personal data since the Bank has neither collected nor stored any of his personal data.

BLOW TO KALONZO AS TRIBUNAL THWARTS ATTEMPT TO GET HIS CHOICE TO IEBC SELECTION PANEL.

Nairobi Times
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BLOW TO KALONZO AS TRIBUNAL THWARTS ATTEMPT TO GET HIS CHOICE TO IEBC SELECTION PANEL.

BY SAM ALFAN.

Dr Augustus Kyalo Muli was duly elected to represent Azimio la Umoja Coalition for the selection panel of the Independent Electoral and Boundaries commission (IEBC), a tribunal has declared.

In a blow to Wiper Party leader Kalonzo Musyoka, Political parties Tribunal confirmed Dr. Muli was duly elected representative for the coalition.

The decision means that attempts by Kalonzo to replace Dr Muli with Koki Muli have been thwarted.

The tribunal’s vice chairman Dr. Wilfred Mutuba , members Gad Gathu and Theresa Chepkwony ruled that any list forwarded to President William Ruto for appointment to the panel, minus Dr Muli’s name is void.

“Considering all evidence and arguments presented , this Tribunal finds that Dr. Augustus Kyalo Muli, was validly elected to represent the minority party/coalition of parties on the IEBC selection panel,” ruled Tribunal.

The Tribunal found that Azimio la Umoja Coalition’s attempt to unilaterally replace him after the election process was unlawful and contravenes the principles of administrative action under Article 47 of the constitution.

The tribunal said Dr Muli was duly elected to represent the minority party or coalition of parties on the IEBC selection panel.

Whereas gender parity is an important consideration, the tribunal said it should be addressed through proper legal framework.

“These issues have far-reaching implications for the electoral system and democratic governance in Kenya,” noted the political parties Tribunal.

Further, the tibunal faulted Azimio’s attempt to unilaterally replace Dr. Muli with another candidate, stating that it raises serious concerns about the integrity of the process and the autonomy of constituent parties within a coalition.

Tribunal said decisions affecting constituent parties should be made in consultation and with due regard to the principle of public participation.

“We have held many times over (see for example Midiwo v ODM (2022) and Andiwo ODM  that when people are invited to an election by universal suffrage without qualification as to gender or other considerations, it creates a legitimate expectation that the outcome, read winner, will be granted the office/benefit or station of his/her victory,” said Tribunal .

They said post-election boardroom changes to an election result are not only undemocratic, unconstitutional, but also set a bad precedent.

“Such conduct cannot be countenanced in a young and fragile democracy as ours whose 2010 constitutional democratic credentials have been built on the blood and lives of many of our forbearers,” added the tribunal.
 
Dr Muli challenged attempts to replace him.

He submitted that he was duly elected on July 26, 2024, at Kyaka Hotel in Machakos County to represent the minority party/coalition of parties on the IEBC selection panel. 

He added that he won against Amb. Dr. Koki Muli Grignon in an election conducted by the Political Parties Liaison Committee (PPLC).

The election was held following a request from the Clerk to the Senate/Secretary Parliamentary Service Commission (1st Interested Party) dated July 16, 2024.

Notwithstanding the results of the election, the Azimio La Umoja One Kenya Coalition sought to replace the Complainant with Amb. Dr. Koki Muli Grignon, citing reasons of gender balance and alleged non-membership of a Parliamentary Political Party within the coalition.

LAWYER DONALD KIPKORIR NOW WRITES TO IMMIGRATION SERVICES SEEKING STATUS OF SENIOR OFFICIALS OF MUTHAIGA COUNTRY CLUB.

Nairobi Times
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LAWYER DONALD KIPKORIR NOW WRITES TO IMMIGRATION SERVICES SEEKING STATUS OF SENIOR OFFICIALS OF MUTHAIGA COUNTRY CLUB.

BY SAM ALFAN.

City lawyer Donald Kipkorir has escalated his fight with Muthaiga Country club to the government as he now seeks the immigration status of senior officials of the club.

In a letter to director general immigration services Evelyn Cheluget, lawyer Kipkorir is demanding to know the immigration status of the club’s chief executive officer Christian Vater and twelve other officials. 

Other than the CEO, Kipkorir wants Cheluget to supply him with immigration status of Kush Bharat Bhardwaj, Jonathan Stewart Philip Coulson, Michael Turner Alan, David William Stogdale , Anthony Mcewen Cleggbutt and Gordon Weston Sinclaire.

Others are Matthew Rudd John Bevil, Vijay Vashdev Gidoomal, Roger Bebbington, Jessica Gail Paul to Michael Turner Alan and George Theobald Carmichael.

The letter comes a few days after Kipkorir obtained temporary court order directing the club to allow him access to the club, when he is invited by his client, who are members of the club.

Kipkorir has named the 13 individuals alongside Muthaiga Country club in the petition, pending before the High court.

High Court judge Chacha Mwita told the club to allow the city lawyer access to the club until October 15, when the court will hear his petition.

Kipkorir sued the club last week, alleging that he was barred from accessing the premises at the invite of club members who are his clients.

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

Kipkorir said the latest incident happened last month after he was invited by his client Julie Scott, the chief executive officer of a travel company.

In the suit where he is seeking damages, Kipkorir said Muthaiga Country Club cannot operate like white-man’s entity in the pre-colonial state where Africans were segregated into settings and their core rights severely restricted and violated.

“In essence, it is impermissible to deny me entry into the club. Indubitably, the denial discriminates against me, and violates my right to dignity, movement into any part of Kenya,” says Kipkorir in his court documents.

He wants the court to issue permanent injunction restraining the Club and its officials from denying him access to the premises, at the invitation of members of the club.

UNIVERSITY STUDENT ARRESTED WITH PETROL IN SUSPICIOUS CIRCUMFERENCES RELEASED ON BAIL.

Nairobi Times
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UNIVERSITY STUDENT ARRESTED WITH PETROL IN SUSPICIOUS CIRCUMFERENCES RELEASED ON BAIL.

BY IRENE ONYANGO.

A University of Nairobi student has been charged with possessing five litres of petrol, which the police claim he intended to commit arson.

Bernard Wangila Ojiambo was arrested on September 9, 2024 as students protested over the new university funding model.

The student was arraigned before Milimani Senior Principal Magistrate Robinson Ondieki where he denied the charges.

The charge stated that Wangila was arrested along Harry Thuku Road near Boulevard Hotel in Nairobi, jointly with others not before court, while in possession of a five litres of petrol.

The charge sheet said the student was arrested with petrol in circumstances indicating that he was intending to commit arson.

But the student said the fuel was meant for his motorcycle, which does business during his free time to pay for his school fees and basic needs.

“Your honour the accused person is a student who owns a boda boda which he uses to commute to school and back. Sometimes , he use it to get money for his school fees. It ran out of fuel and he went to get some just before he was arrested,” court heard.


He pleaded with the court to release him on a lenient cash bail to go back to school and sit for his final year examinations.

In pleading the court for lenient terms, his lawyer stated that he was representing the student for free.

However , the prosecution objected his application claiming that the accused person might cause harm if released on a cash bail.

“Your honour for the past few weeks there have been issues of schools in fire. The accused person was among the students who were protesting. Therefore, when released on a cash bail, he might continue with the alleged mission,” said the prosecution.

The court released Wangila on a cash bail of Sh5,000, which was paid for by the former Nairobi Governor Mike Mbuvi Sonko.

Sonko said he has instructed lawyer to file an application in court stopping the government from increasing the University students’ fee.

GERMAN AND KENYAN PARTNER CHARGED WITH DEFRAUDING SWISS NATIONAL OF OVER SH21 MILLION IN GOLD SCAM.

Nairobi Times
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GERMAN AND KENYAN PARTNER CHARGED WITH DEFRAUDING SWISS NATIONAL OF OVER SH21 MILLION IN GOLD SCAM.

BY IRENE ONYANGO.

A 61-year-old German National and his 47-year-old Kenyan accomplice have been charged with obtaining over Sh21 million from a Swiss national.

Richard Heineg Olaf and Julius Kirimi Muthuri were presented before Milimani Senior Principal Magistrate Robinson Ondieki where they denied the fraud charges.

Kirimi and Heineg- who is said to be the chief executive officer of Euro Future Africa and the Director of Dream Couple Safaris of Kenya and Uganda, were accused of conspiring to steal the amount on diverse dates between November 14, 2023 and March 4, 2024.

The duo are accused of conspiring to steal USD 163,490 from Roger Gahwiler, by falsely pretending that they were in a position to facilitate transportation of an alleged gold consignment weighing 700 kilogram.

They are further accused of stealing $30 million in cash belonging to Gahwiler which was to be transported from Kenya to Turkey.
The court heard that Kirimi and Heineg also jointly obtained from Gahwiler $163,490 by falsely pretending that they were in a position to facilitate the shipment of the gold consignment from Kenya to Turkey.

They two were arrested at Red Ruby Hotel along Ojijo Road in Parklands.

According to DCI ,the victim fell into the hands of the two scammers after he was informed by his ailing father who had worked in Ghana that about twenty years ago and had acquired some property in Ghana which he later sold and left the proceeds under the custody of a trustee in Ghana.

In pursuit of this treasure, he connected with a Ghanaian lady namely Mamee Efua Esong who was the translator during the transaction and proceeded to contact and meet her in the year 2020.

This lady claimed to be familiar with his father’s earlier transactions and confirmed to him that the proceeds of the sale of the property were available to a tune of $62.8 million but the same needed a special purpose company for ease of transfer.

The Swiss national was tricked into registering a company that was to be used to transfer the money to his home country but not before paying taxes and facilitation money to the scammers in Ghana, Dubai, Tanzania, Uganda and later Kenya all in a bid to have his father’s consignment move to Switzerland.

While in Kenya, he was introduced to Heinig who would later enjoin Kirimi in November, 2023 who claimed to own Lawsam Security Company which was hired to transport and store the cargo which was allegedly inspected and stored in a Nairobi airport where he would later be denied access to the containers forcing him to part with approximately USD 400,000 to the suspects in facilitation fees.

The court is to deliver its ruling on 13th September.

SENIOR COP IN TROUBLE FOR SPYING ON A JUDGE.

Nairobi Times
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SENIOR COP IN TROUBLE FOR SPYING ON A JUDGE.

BY SAM ALFAN.

The commandant of SGB/VIP unit Lazarus Opicho has been summoned to court for spying on a judge handling a case in which Inspector General of Police Gilbert Masengeli has been found guilty of contempt of court.

High Court judge Lawrence Mugambi was directed to appear in court on Friday, September 13 to explain his ‘unbecoming conduct’.

The judge noted that the senior police officer called his driver and bodyguard to inquire on his whereabouts.

The judge said the act bordered on intimidation and Opicho should appear before him to explain the action.

At the same time, Justice Mugambi found Masengeli guilty of contempt of court and directed him to also appear before him on Friday for sentencing.

The court said the acting Inspector General of Police had failed to appear in court as directed and purge the contempt even after given the opportunity.

Lawyer Society of Kenya President Faith Odhiambo commended the court for finding Masengeli guilty of contempt of court, for snubbing court summons on several occasions.g
“Masengeli is guilty of contempt and the court ought to punish him accordingly,” ruled the Judge Mugambi.

Masengeli is required to appear in court to explain the whereabouts of activist Bob Micheni Njagi and brothers Jamil and Aslam Longton, who were abducted by persons believed to be police officers on August 19, at Kitengela.

Their whereabouts since then has remained unknown forcing the Law Society of Kenya (LSK) to file a petition for their production.

Njagi and Jamil had hosted a discussion on X Space discussing national issues and raising concerns about government policies and their abduction is believed to be connected their activism.

“The 1st respondent’s (Masengeli’s) actions of willful disobedience of court orders undermine the supremacy of the law and the administration of justice.

It is the responsibility of the court to hold such people into account. Failure to appear in court amounts to direct contempt,” said the judge as he directed the police boss to appear on Friday for sentencing.

COURT BLOCKS ADANI JKIA LEASING DEAL.

Nairobi Times
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COURT BLOCKS ADANI JKIA LEASING DEAL.

BY SAM ALFAN.

Indian company Adani Enterprises has suffered a blow after the High Court froze a deal to lease the Jomo Kenyatta International Airport (JKIA) for 30 years

Justice John Chigiti out on hold the deal following a petition by Kenya Human Rights Commission and Law Society of Kenya, challenging the leasing plan.

LSK and KHRC oppose the deal arguing it was done in violation of the constitution and therefore a nullity.

The two organisations seek to prohib Kenya Airport Authority, Airport Infrastructure PLC, Global Airport Operator plc, Adani Enterprise ltd, Adani Airport Holding limited or their agents or any person from implementing or further implementing or acting on the privately initiated proposal for development and operation of JKIA submitted in March 2024 by Adani Airport Holdings Ltd.

“An order of mandamus directing Kenya Airports Authority to supply the Applicants with the information sought in the letters of 23 July 2024 and 1 August 2024 within 14 days of the court’s order,” seeks the legal profession body and KNHCR.

LSK submitted that the deal risk of illegality and wastage of public funds looms large.

They add that the danger of violating the Constitution is real; the urgency of addressing the issue is self-evident.

The LSK said JKIA is a strategic and profitable national asset for it to be leased to the Indian conglomerate Adani and its subsidiaries for 30 years.

They said the government of Kenya can independently raise the estimated 1.85B USD or Sh238 billion needed to expand JKIA without leasing it for 30 years.

“Thus, the Adani proposal is unaffordable, threatens job losses, has a disproportionate aggregated fiscal risk exposure to the public, and offers no value for money to the taxpayer,” says LSK and KHRC.

LSK and KHRC argue that leasing the strategic and profitable JKIA to a private entity is irrational under Article 47 of the Constitution and violates the principles of good governance, accountability, transparency, and prudent and responsible use of public money under Articles 10 and 201.

On 23 July 2024 and 1 August 2024, LSK and KHRC said it unsuccessfully wrote to JKIA, seeking information under Article 35(1) and (3) of the Constitution of Kenya and section 4 of the Access to Information Act, 2016.

KAA has ignored their’ request for access to information, thus violating their right to fair administrative action and right of access to information under Article 47 and 35 of the Constitution.

“KAA’s refusal to supply the information sought further violates Articles 10 of the Constitution on transparency and accountability besides Article 201(a) on openness and accountability including public participation in financial matters.Applicants have reason to believe that the information does not exist or that KAA is working backward to fill in the gaps,” adds LSK and KHRC.

Court heard that Adani submitted the proposal on 1 March 2024.

However, the Cabinet only approved the National Aviation Policy and the JKIA Medium- Term Investment Plan on Tuesday, 11 June 2024, some three months later. This Plan proposes upgrading the passenger terminal, runway, taxiway, apron, and airside facilities in keeping with global aviation trends-the subject of the Adani proposal.

“The implication is that contrary to section 40(2)(a) of the PPPA, the Adani proposal when submitted in March 2024, did not align with any national infrastructure priorities or meet a demonstrated societal need. The timing also points to a possible collusion between the Respondents to tip off and give a head start to Adani on the planned expansion of JKIA contrary to Article 10 on good governance,” state LSK and KHRC.

They add that KAA violated section 41 of the PPPA by evaluating the Adani proposal before due diligence.

“The Adani Feasibility Report discloses that the Concession Agreement was scheduled to be signed on 1 May 2024 and that KAA had to fulfilled the conditions for the concession by 31 October 2024,” says petitioners.

On 24 July 2024 KAA represented to the public that the Adani proposal “would be subjected to technical, financial, and legal review” in compliance with the PPPA. On 30 July 2024, Musalia Mudavadi confirmed that the Adani proposal was undergoing “requisite due process, reviews, and negotiations”.

The LSK added that on 2 September 2024 Adani staff were spotted at JKIA conducting a stock-taking exercise.

On 4 September 2024 Alfred Mutua as CS for Labour and Social Protection met aviation workers at JKIA in a bid to persuade them to take up the proposal to hand over their job contracts to Adani.

WHY LOBBY GROUP WANTS SPACEX STARLINK ALLOWED IN TO THE COUNTRY.

Nairobi Times
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WHY LOBBY GROUP WANTS SPACEX STARLINK ALLOWED IN TO THE COUNTRY.

BY SAM ALFAN.

Kituo Cha Sheria has moved to court seeking to stop Safaricom and industry regulator from blocking Starlink from entering the Kenyan market by providing satellite internet services.

Kituo Cha Sheria want the court to stop Safaricom PLC and Communication Authority of Kenya from from taking any actions that may be prejudicial to the consumers of SpaceX’s Starlink, including but not limited to; frustrating any payments made to Starlink, its subsidiaries licensees and distributors or any of its affiliated companies.

The lobby group said in the petition to the High Court that the telco and Communication Authority of Kenya (CA) should allow the growth of satellite internet services and claims by Safaricom that direct entry into the market poses a threat to mobile network quality, are unfounded

Justice Lawrence Mugambi directed Safaricom, CA and Competition Authority of Kenya (CAK) to file their response within seven days.

“Unless the court grants the orders sought against Safaricom PLC, CA and CAK, the liberties and freedoms of the Kenyan internet consumer are in imminent danger of being contravened, without any form of recourse and it is only this Honourable Court that can offer protection of their Constitutional Rights and Freedoms,” says the lobby group.

It is the argument of the lobby group that Safaricom has engaged in predatory practices in a letter on July 5, 2024 to the regulator, opposing the direct entry of Starlink into the country.

Kituo Cha Sheria further wants the court to direct CAK and CA jointly with any other relevant industry regulators, to carry out a comprehensive scientific inquiry and study, devoid of any undue influence, from any Mobile Network Operators or any other industry players on, on the claims by Safaricom.

“A declaration that Satellite Internet Services should be left to grow pending conclusion of the study by the Communication Authority of Kenya,” seeks the lobby.

In the letter to CA, Safaricom stated that the entry of Starlink will interfere with existing licensed MNO’s spectrum rights as currently awarded.

The telco further said that the socioeconomic damage to be incurred by mobile network operators due to the entry of Starlink will be unquantifiable leaving the country far behind other markets.

The lobby, however, said Safaricom is a commercial entity which in its ordinary operations aims at maximising profit and from time to time has conflicting interests to that of its consumers.

“This court is the guardian of the Constitution and not only has jurisdiction to hear and determine the present Applications and accompanying Petition, but it also has an obligation to respect, uphold and defend the Constitution,” lobby told the court.

Kituo Cha Sheria’s executive director Dr Annette Mbogoh said the internet connectivity fee charged on the consumer by Starlink being so minimal, caused consumers who in a desire fast, reliable and cheap internet access to make purchases and try the Starlink system.

“As a result, many consumers abandoned their ongoing internet service providers in favour of SpaceX’s Starlink system, which they felt was equally secure and cheaper upon them,” she says.

She said the cheapest bundle offered by Starlink of 50 Gigabytes cost Kshs.1,300 was a fraction in comparison with Safaricom- the largest Internet Service Provider in the region of Kshs6,000 for a similar bundle of the same amount.

She said the difference between the two is roughly 78 percent difference in cost with Safaricom’s.

Mbogoh said the entry by Starlink into the market has evidently caused market shocks causing concerns for already established players in the internet service providers industry, who realised that Starlink’s monthly charges while favourable to the consumer were detrimental to their own traditional business models that utilise terrestrial networks.

WOMAN IN COURT OVER SH6 MILLION THEFT

Nairobi Times
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WOMAN IN COURT OVER SH6 MILLION THEFT

BY IRENE ONYANGO.

A business lady has been charged with Stealing Sh 6Million.

Teresia Wanini Mwangi appeared before Milimani Senior Principal Magistrate Robinson Ondieki and denied the charges.

Wanini has been charged that on diverse dates between 23 March and 4th September this year, within Nairobi County, jointly with others not before court stole total of Sh 6,015,115 in cash, the property of Zabron Kinyua Muriuki.

While pleading for a reasonable Bond and bail terms, Wanini, through her lawyer told the court that she aids her ailing mother who needs her care 24/7.

She also told the court that she’s ill and suffered under the conditions in the prison without receiving any care during custody.

The court released Wanini on a bond of Sh 500,000 or an alternative cashbail of Sh 200,000.

The matter is to be mentioned on 23rd this month for pre trial.

REPRIEVE FOR CITY LAWYER DONALD KIPKORIR AS COURT DIRECTS MUTHAIGA COUNTRY CLUB TO ALLOW HIM ACCESS TO THE PREMISES.

Nairobi Times
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REPRIEVE FOR CITY LAWYER DONALD KIPKORIR AS COURT DIRECTS MUTHAIGA COUNTRY CLUB TO ALLOW HIM ACCESS TO THE PREMISES.

BY SAM ALFAN.

Muthaiga Country Club has been ordered to allow flamboyant lawyer Donald Kipkorir access to the prestigious club, albeit temporarily.

High Court judge Chacha Mwita told the club to allow the city lawyer access to the club until October 15, when the court will hear his petition.

Kipkorir sued the club last week, alleging that he was barred from accessing the premises at the invite of club members who are his clients.
He said he had been denied entry to the club on two occasions, a move that impeded his work as an advocate.

“In the meantime, a conservatory order is hereby issued restraining Muthaiga Country Club, its officials, agents, servants and or anyone acting on its behalf, from denying the petitioner (Mr Kipkorir) access to the club premises on invitation by members of the club,” said the judge.

The judge directed the club to file their response within seven days and scheduled the case to be mention on October 15, for highlighting of submissions.

In the latest incident, Kipkorir accused said the club denied him entry despite invite by his client Julie Scott a chief executive office of a travel company.

In the suit where he is seeking damages, Kipkorir said Muthaiga Country Club cannot operate like white-man’s entity in the pre-colonial state where Africans were segregated into settings and their core rights severely restricted and violated.

“In essence, it is impermissible to deny me entry into the club. Indubitably, the denial discriminates against me, and violates my right to dignity, movement into any part of Kenya,” says Kipkorir in his court documents.

He wants the court to issue permanent injunction restraining the Club and its officials from denying him access to the premises, at the invitation of members of the club.

He has named officials of the club including Kush Bhardwaj, Caroline Muriuki, Johnathan Stewart Coulson, Michael Turner Allan, Kiuna Kiuna, David Stogdale, Anthony Cleggbutt, Lisa Traceu Karanja and Gordon Weston.

Others are Mathew Bevil, John Ngumu, Vijay Gidoomal, Roger Bebbington, Jessica Gail Paul, George Carmichael and Conrad Nyakuri.
He said he was first denied entry to the club in 2002 and was only allowed entry after complaining.

The same happened on August 9, 2024, a move he said was violated Article 27 (5) of the in the Bill of Rights that bars 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.

He wants the court to declare the club violated his right to personal dignity, right to freedom of movement that is protected by Article 39 (1) of the Constitution.

In his affidavit, he argues that Article 10 of the Constitution protects the Rule of Law as fundamental national value and principle of governance.

“A core component of the rule of law is the independence of the bar. This means an advocate should be able to take instructions from client at any place without obstacles being placed in their path,” says Kipkorir.

He adds that the decision of Muthaiga Country Club to deny him access impended his work as an advocate and consequently violated Article 10 of the Constitution.

“The denial of access, specifically where I was asked to leave-treated like a stray dog, a homeless hound that had crushed the hallowed grounds of the privileged elite-violated my right to personal dignity that Article 28 of the Constitution protects,” says in his affidavit.

He adds that the unexplained denial of the Petitioner to Muthaiga Country Club severely violated his right to freedom of movement that is protected by Article 39 [1) of the Constitution protects.

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