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ADVERTJudge rules elite club violated Kipkorir’s constitutional rights in arbitrary exclusion
The High Court has ordered the prestigious Muthaiga Country Club to pay flamboyant lawyer Donald Kipkorir KSh1 million for violating his constitutional rights after denying him entry despite an invitation from a member.
Justice Chacha Mwita, in a ruling delivered on Friday, November 7, found that the club acted unfairly and unlawfully by barring Kipkorir without providing any valid reason for the exclusion.
“The petitioner was not given the reason for being denied entry to the club prior to the incident of August 9, 2024, making the decision arbitrary and unjust,” ruled Justice Mwita.
While dismissing claims that the lawyer was discriminated against on racial grounds, the court noted that the club’s conduct breached principles of fair administrative action guaranteed by the Constitution.
ADVERTThe judge granted the club a 30-day stay of execution to allow it time to appeal the decision.
Kipkorir hails verdict, urges end to ‘blackballing’
Moments after the judgment, Kipkorir took to his X (formerly Twitter) account to celebrate the ruling, thanking Justice Mwita for upholding the rule of law.
“Justice Chacha Mwita, one of our finest judges, held that Muthaiga Country Club violated my constitutional rights. They cannot refuse me entry if I am invited by a member,” Kipkorir posted.
The outspoken lawyer also called on the club to abolish its controversial ‘blackballing’ policy, which he described as outdated and discriminatory.
“It promotes personal vendettas and exclusion under the guise of tradition,” he said, clarifying that he had never sought membership at the exclusive club and only visited as a guest of long-standing members.
The club’s defence
The dispute stemmed from an incident in August 2024 when Kipkorir, invited by club member Julie Scott, was turned away at the gate.
According to court filings, the Muthaiga Country Club management claimed it barred him following a negative social media comment he allegedly made about one of its chefs.
The club’s chairman, Senior Counsel Jonathan Coulson, maintained that the decision was within its rights and had been communicated to the inviting member in advance.
He dismissed Kipkorir’s account of the incident as exaggerated, saying the lawyer was not mistreated or humiliated, contrary to his claims.
“It is not true that the petitioner was treated like a stray dog or homeless hound trespassing on privileged grounds,” Coulson told the court.
About Muthaiga Country Club
Founded in 1913, Muthaiga Country Club remains one of Kenya’s oldest and most exclusive private establishments — frequented by top business leaders, diplomats, and political figures. Its membership policies and invitation protocols have long been the subject of debate over alleged elitism and exclusionary practices.
The ruling now puts the spotlight on how such institutions balance private discretion with constitutional rights in modern Kenya.
Kipkorir’s victory, though partial, is being hailed as a landmark in the fight against arbitrary exclusion in private associations.
