NAIROBI, Kenya, Nov 7 — The High Court has awarded prominent lawyer Donald Kipkorir Sh1 million in damages after ruling that Muthaiga Country Club (MCC) violated his constitutional rights by denying him entry despite being invited by a member.
Delivering judgment on Friday, Justice Chacha Mwita found that the elite Nairobi club acted unlawfully and discriminatorily when it blocked Kipkorir’s access on what he described as “spurious grounds.”
“The court held that MCC violated my constitutional rights and that they cannot refuse me entry if I am invited by a member,” Kipkorir said shortly after the ruling, hailing Justice Mwita as “one of our finest judges in mind and character.”
The case arose from an incident on August 9, 2024, when Kipkorir was invited by a client—an MCC member—to discuss legal instructions but was denied entry by security officers without explanation.
Court documents show that he was later ordered to leave the premises, an act his lawyers said was “humiliating and degrading.”
Represented by lawyer Peter Wanyama, Kipkorir challenged the club’s controversial “blackballing” policy, which allows members to anonymously object to the admission or entry of others.
‘Blackballing’
He argued that the practice is discriminatory and violates the constitutional principles of fairness, equality, and human dignity.
In his statement after the ruling, Kipkorir said the decision vindicates his stand against exclusionary practices, describing the anonymous veto system as a relic of elitism.
“Muthaiga Country Club should end its blackballing policy where members with personal vendettas are allowed to anonymously stop a guest from entering or becoming a member. An accuser must be man enough to come out instead of hiding in the shadows like a weasel,” he said.
Wanyama, who led the legal challenge, welcomed the verdict as a victory for constitutionalism and dignity, noting that the judgment underscores that private institutions are not above the Bill of Rights.
Kipkorir clarified that he has never applied for membership at MCC and had only visited as a guest of friends and clients for over two decades before the 2022 “blackballing” incident.
The ruling is expected to reignite debate over the membership and exclusion policies of Kenya’s private social clubs, many of which have faced criticism for upholding opaque and outdated practices in an era of constitutional equality.