Lawyer Donald Kipkorir's Muthaiga Club admission saga sparks fierce online debate

The ruling came after Kipkorir's lawyers went to court to lament the exclusive club's decision to bar the city advocate from accessing the premises and meeting up "with his friends".

According to the lawyer, the Country Club was denying him entry on the basis of race and tribe. He also clarified that he has never sought to be a member of the club - and was not planning to do so even in the near future.

He wrote: "Justice Chacha Mwita of the High Court has just ordered Muthaiga Country Club not to block me if I am invited by a Member. I have never applied to be a Member of Muthaiga Country Club nor have intentions in the near future."

"My lawyer @pwanyama has with robust erudition pleaded in my Constitutional Petition that my mistreatment by the Club maybe both racial & tribal as the Club's Board is mainly white."

He added, "At the right time, my lawyer will demand the Immigration Status of the Board! The law will be followed to the letter even if the Club will collapse on its Colonial History!"

In his ruling, Justice Chacha Mwita restrained the Club's "officials, agents and security" from denying the lawyer access.

"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 Justice Chacha Mwita.

Mr Kipkorir said in a petition to the High Court that the denial occurred on two occasions, a move that impeded his work as an advocate and consequently violated Article 10 of the Constitution. He said the move impeded his work as an advocate since his clients were club members.

Kipkorir's lawyer Peter Wanyama also took to X to clarify the matter, insisting that the private Club was infringing on the rights of his client while also maintaining that, by denying him access, the Muthaiga Country Club had essentially blacklisted the lawyer.

He wrote: "We have obtained conservatory orders to stop Muthaiga Country Club from blatantly denying our client access to the club for no reason at all. Kenya is a constitutional democracy that has a Bill of Rights, which can be horizontally enforced against problematic private institutions that violate fundamental rights and freedoms of its citizens."

He added, "Muthaiga Country Club has demonstrated this peculiar fecundity to deny our client access;  it has put him in some kind of blacklist, yet it enjoys the fresh aura of  freedoms that the Bill of Rights guarantees it."

The sensational matter has elicited a heated debate online, with many taking sides - some agree that the Club needs to allow the lawyer access while others argue that, since it is a private institution, it then reserves the right of admission.

Others have pointed out that, despite the deep pockets the lawyer is known to have, and the obvious social capital, the Club still sees him as unworthy of their patronage, giving credence to the saying, "Go where you are appreciated, not where you are tolerated."

Gabriel Otieno said, "But why go where you are not wanted? Clearly, these people don't want you. This case has many loopholes. They can now decide to ban your member friends. Why should you force yourself onto private property?"

Someone else argued, "I don't think it's a race issue or even tribe. Exclusive clubs act like that all around the world. In fact, there are clubs in Europe and the US where even Donald Trump is not allowed to access. It all boils down to character. Kipkorir should, instead, look inwards, not outwards."

X user Waithera Mwangi also got a little personal in her argument, saying,"Contradictions of negative elitism: This man is constantly fight for exclusion of hawkers and matatus in Karen. And openly scorns at the them for undermining his prestige. But doesnt want the others to exert their racial and cultural elitism..."

Admist the conversation, some took the time to point out that the Muthaiga Country Club was not the same as Muthaiga Golf Club - although both are private members-only clubs, and are situated in the same locality, their rules of engagement, including membership charges, vary.

Those in the lawyer's corner supported his fight for inclusion, adding that, in Kenya, it was not illegal to arbitrarily deny someone access to whichever space they wanted to be in, on flimsy grounds.

"The matter is already at the courts. The Club should now provide tangible excuse of denying the lawyer access," James Mungai said. "Not unless they have any reasonable proof of misconduct, then they have no reason to not allow him access. Either that or they're as racist as he claims!"

Kenya has several members-only country clubs which include Nairobi's Karen Country Club, Muthaiga Country Club, Windsor Golf Hotel and Country Club and Royal Nairobi Golf Club.

Several other country clubs are scattered across Kenya including in Nanyuki, Nyali , Limuru and Kitale.

Most of the private clubs in Kenya were started during the colonial era and are more than 100 years old.

The Royal Golf Course, for instance, was started in 1906, Loresho's Vetlab in 1923, Muthaiga 1927, Kiambu 1916, Mombasa 1911 and Kitale 1924.

Additionally, these clubs have strict etiquette rules which cover everything from the dress code even to how one should conduct themselves in relation to their counterparts.

Some of them are:

1. Members are not permitted to discipline, order, or instruct employees at any time, nor are they allowed to send Club employees out or away from Club premises. 

2. Members are required to present their membership cards whenever requested to do so by employees of the Club in performing their employment responsibilities.

3. Members and guests must observe the parking lines in the parking area; any motor-driven vehicle improperly parked or blocking driving lanes will be removed at owner’s expense.

 4.  There shall be no loud, boisterous or profane language used by any person on the golf courses or in any room or facility of the Club. Members are responsible for the personal conduct of their family members and guests.

5. The House Committee has the authority and responsibility for enforcement of all Club rules, regulations, policies and procedures. Additionally, it is their responsibility to take disciplinary action against any and all members for violation of said rules.

6. All complaints, criticisms or suggestions of any kind relating to any of the operations of the Club or its employees must be in writing, signed and addressed to the Club Manager.