Muthaiga Country Club is seeking to overturn a court order obtained by lawyer Donald Kipkorir, which allows him access to the club’s premises whenever invited by his clients, who are members.
On September 9, High Court Judge Chacha Mwita directed the club to grant Kipkorir entry whenever requested by his clients.
In response, the club filed an urgent application on Tuesday, arguing that the order infringes on its rights as a private members’ club to control access.
The club contends that Kipkorir’s petition lacks any constitutional basis and should be dismissed.
According to the club, the petition does not meet the legal standards required for a constitutional case, as there is no evidence supporting claims of rights violations, including freedom from discrimination.
Earlier this month, Kipkorir filed a case accusing the club of violating his constitutional rights by denying him access. He claimed he had been refused entry on two occasions, which he argued interfered with his work as a lawyer.
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In its application, Muthaiga Country Club argued that Kipkorir’s petition was an improper attempt to gain entry to a private club without being a member or showing interest in joining. The club also claimed that Kipkorir failed to disclose key information about their ongoing dispute, including the reasons he was denied access.
Through the law firm Hamilton Harrison & Mathews, the club stated, “The petitioner did not reveal that the club had informed him of the reasons for his denied entry.”
The exclusive club is also seeking to have the names of 17 current and former officials removed from the petition, arguing that there is no cause of action against them and that they are unnecessary parties.
Describing the petition as “frivolous, vexatious, and an abuse of the court process,” the club hopes for a dismissal.
When granting the order last week, Justice Mwita gave Muthaiga Country Club seven days to file its response. The court also scheduled the hearing for October 15.
