The High Court has ordered Muthaiga Country Club to pay prominent lawyer Donald Kipkorir Sh1 million in damages for unlawfully denying him entry despite his being an invited guest.
Justice Chacha Mwita ruled on Friday that the elite Nairobi club acted in violation of Kipkorir’s constitutional rights and engaged in discriminatory conduct when it blocked his entry “on spurious grounds.” The judgment is a rare rebuke of Kenya’s oldest and most exclusive social club, known for its rigid membership traditions.
“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 after the ruling. He praised Justice Mwita as “one of our finest judges in mind and character.”
The dispute arose from an August 2024 incident when Kipkorir was invited by a client, a member of the club, for a meeting but was stopped by security officers and ordered to leave without explanation. His lawyer, Peter Wanyama, described the incident as “humiliating and degrading.”
In court, Kipkorir challenged the club’s “blackballing” policy, a long-standing rule that allows members to anonymously veto the admission or entry of others. He argued that the practice is unconstitutional, violating the principles of equality and human dignity.
“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,” Kipkorir said, calling it “a relic of elitism.”
Wanyama hailed the judgment as a “victory for constitutionalism and dignity,” saying it affirms that private institutions are not exempt from the Bill of Rights.
The ruling is likely to intensify scrutiny of Kenya’s exclusive social clubs, many of which have faced growing criticism over opaque membership systems that have survived into a new era of constitutional equality.
