NAIROBI, Kenya — Prominent lawyer Donald B. Kipkorir has been awarded Sh1 million in damages after the High Court found that Muthaiga Country Club (MCC) violated his constitutional rights by denying him entry on what the court termed as “spurious grounds.”
Delivering the judgment on Friday, November 7, 2025, Justice Chacha Mwita ruled that the club’s decision to bar Kipkorir was unlawful and discriminatory, noting that MCC cannot deny entry to a guest who has been formally invited by a member.
“Justice Chacha Mwita, who is one of our finest judges in mind and character, held that MCC violated my constitutional rights and that they can’t refuse me entry if I am invited by a member,” Kipkorir said in a statement following the ruling.
The judgment arises from a constitutional petition filed by Kipkorir, who claimed that the private members’ club had refused him entry without justification, infringing on his fundamental rights under the Constitution of Kenya 2010, including Article 27 (equality and freedom from discrimination) and Article 47 (fair administrative action).
In his ruling, Justice Mwita awarded Kipkorir Sh1,000,000 in damages, in addition to legal costs, marking a rare instance where the court has intervened in the internal affairs of a private social club on constitutional grounds.
Kipkorir, who was represented by lawyer Paul Wanyama, welcomed the judgment, describing it as a victory for fairness and constitutionalism.
“I thank my erudite lawyer @pwanyama for excellent constitutional litigation and for standing up to faceless bullies,” he said, calling on the club to end its controversial ‘blackballing’ policy.
The “blackballing” system, traditionally used by exclusive clubs, allows existing members to anonymously object to new applicants or guests, effectively barring them without explanation. Kipkorir criticized the policy, terming it outdated and contrary to the principles of transparency and accountability.
“Muthaiga Country Club should end its ‘blackballing’ policy where members with personal vendettas are allowed to anonymously stop a guest from coming or even becoming a member. An accuser must be man enough to come out instead of hiding in the shadows like a weasel,” he added.
The ruling has sparked renewed debate about discrimination, elitism, and accountability in private membership institutions in Kenya, many of which still operate under colonial-era rules.
The case underscores the expanding scope of constitutional rights in private spaces, with courts increasingly affirming that private entities must align their policies with the Bill of Rights under Article 20(1), which binds all persons and institutions.
