Landmark Ruling on Constitutional Rights

The High Court in Nairobi has ordered the exclusive Muthaiga Country Club to pay prominent lawyer Donald Kipkorir KSh 1 million in damages for unlawfully denying him entry. In a landmark judgment delivered on Friday, November 7, 2025, Justice Chacha Mwita affirmed that the club violated Mr. Kipkorir's constitutional right to fair administrative action. The ruling is a significant moment for the governance of private member clubs in Kenya, establishing that their internal policies are subordinate to the supreme law of the land.

Background of the Dispute

The legal battle stemmed from incidents where Mr. Kipkorir was barred from accessing the club's premises despite being a guest of a member. The most recent incident occurred on August 9, 2024, when he was invited by a client for a meeting but was turned away by security without a clear explanation. An earlier incident was reported in October 2022. In his petition, Mr. Kipkorir, who is not a member and has stated he does not wish to become one, argued that the denial was humiliating, impeded his professional duties, and was discriminatory.

The club's management, represented by its chair Jonathan Stewart Philip Coulson, countered that Mr. Kipkorir was aware of the reasons he was not welcome. They cited an alleged negative social media comment made by the lawyer about a chef at the club and stated that the decision to deny him access had been communicated to the members who invited him.

The Court's Determination

Justice Mwita, in his ruling, found that the club's actions were procedurally unfair and arbitrary. The court determined that Mr. Kipkorir was not given a reason for the ban prior to the August 9, 2024, incident, which contravenes the principles of fair administrative action guaranteed under Article 47 of the Constitution of Kenya. "The petitioner was not given the reason for being denied entry to the club prior the incident... making it unclear when the decision to exclude him was made," Justice Mwita stated.

While the court dismissed the lawyer's claims of racial discrimination, it upheld that the club acted unlawfully by not providing a valid reason for the exclusion in a timely and fair manner. The judgment awarded Mr. Kipkorir KSh 1 million in general damages plus legal costs. The court also issued an order restraining the club from denying him access when invited by a member.

Broader Implications for Private Clubs

This case has put a spotlight on the governance of exclusive member clubs, many of which operate under rules established during the colonial era. The ruling reinforces the legal principle that the Kenyan Bill of Rights can be enforced against private entities, not just state bodies. Legal analysts suggest this sets a precedent that private clubs' freedom of association does not grant them the power to act in a manner that is arbitrary or violates fundamental constitutional rights.

Following the verdict, Mr. Kipkorir called for an end to the club's 'blackballing' policy, an anonymous system allowing members to object to guests or prospective members. "An accuser must be man enough to come out instead of hiding in the shadows like a weasel," he stated, arguing the practice is a relic of elitism that is incompatible with modern constitutional values. The court has granted Muthaiga Country Club a 30-day stay on the orders to allow for a potential appeal.