Muthaiga Country Club Ordered to Pay Lawyer Donald Kipkorir Sh1 Million for Violating His Rights
The High Court has ordered Muthaiga Country Club to pay prominent Nairobi lawyer Donald Kipkorir Sh1 million as compensation for violating his constitutional rights after the exclusive club denied him entry in August 2024.
In a detailed ruling, the court found that the club’s conduct was humiliating, unjustified and a direct affront to his right to human dignity under Article 28 of the Constitution.
“The humiliation, coupled with the lack of justifiable reasons, injured the petitioner’s right to human dignity,” the court ruled.
Justice Mwita further noted that Article 47(2) obligates any institution that adversely affects a person’s rights through an administrative action to provide written reasons, which the club failed to do.
A Repeat of a 2022 Incident
Kipkorir argued that the August 2024 incident was not isolated, but a continuation of a similar episode in October 2022, where he was initially blocked from accessing the club but later allowed in after raising a complaint.
He told the court that for over two decades, he had attended meetings at the club on invitation from registered members without any incident. Although he is not a member—and has no intention of becoming one—he said the denial was unfair and amounted to unjust exclusion.
Compensation and Court Findings
Justice Mwita awarded Sh1,000,000, rejecting the club’s proposal of Sh500,000. The judge, however, declined Kipkorir’s plea for Sh10 million, noting that evidence presented did not justify the higher award.
The judge clarified that while the club violated his rights, there was no evidence of discrimination.
Article 27 of the Constitution guarantees equality and prohibits discrimination based on social status, origin, religion, or any other ground. The court emphasized that private clubs must exercise administrative power within constitutional limits.
“The Constitution abhors all forms of discrimination so that one’s social standing or any other ground cannot justify differential treatment,” the court stated.
Invitation by a Client Triggered the Incident
On the day of the denial, Kipkorir had been invited to the premises by a client who is a member of the club. Upon arrival, he was turned away without explanation—an action he says made it appear as though he had been blacklisted.
The court found that the club acted arbitrarily, causing him unnecessary emotionally distress and humiliation.