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.
