Muthaiga Country Club wants the High Court to set aside orders allowing city advocate Donald Kipkorir access to their premises saying he is not a member.
In a fresh application, the club through Hamilton Harrison and Mathews advocates says the orders issued by Justice Chacha Mwita go against the private members' club's right and privilege.
It faults Donald for obtaining the order without disclosing to the court the reasons as to why he was denied access.
When the advocate filed the case he told the court that he sought to find out from the security officials manning the area why he was being denied entry but 'no cogent explanation was provided'.
He argued that it was not the first time he had been denied entry.
A similar incident happened in October 2022.
He believes that even though he is not a member, he can't be denied access to the club to meet his clients who are members. The denial, he said, hinders his work as an advocate.
But the club together with current and former officials state that the case filed by the advocate is an improper attempt to give him access to a private members' club when he is not one and doesn't wish to be.
"The order issued on September 9 improperly interferes with a private members' club's right and privilege to admit or exclude persons to its premises in a manner permissible by law," says the club.
They want the court to set aside its orders and also remove the names of the current and former officials from the case saying it was unnecessary to sue them.
"The petition does not meet the threshold of a constitutional petition as there is no evidence to support the allegations of the advocates' violation of rights, including freedom from discrimination," read their documents in part.
