Muthaiga Club ordered to open it's doors to city advocate

Judge Mwita issued the order following an application filed by the advocate

In Summary
  • Through his advocate, Peter Wanyama, Kipkorir told the judge that he had been denied access to the club, a move that hindered his work as an advocate.
  • Judge Mwita in issuing the order, said he was satisfied that the case raises substantial constitutional issues on rights and fundamental freedoms
Ruling
Ruling
Image: The Star

Muthaiga Country Club will have to allow city advocate Donald Kipkorir access to their premises any time his clients invite him over to take instructions for a case.

High Court Judge Chacha Mwita issued the order following an application filed by Kipkorir.

Through his advocate, Peter Wanyama, Kipkorir told the judge that he had been denied access to the club a move that hindered his work as an advocate.

"I asked the security officials manning the area why I was being denied entry, but no cogent explanation was provided," Kipkorir said.

As a result, he was unable to meet his client.

"From my perspective, the club may have recently put me on a blacklist of persons not permitted to enter it," reads the documents in part.

He says this is not the first time he was denied access. A similar incident happened in October 2022. He was later granted access only after making a complaint.

Even though Kipkorir agrees to not being a member, he says he cannot be denied access to the club to meet clients who are members.

Judge Mwita in issuing the order, said he was satisfied that the case raises substantial constitutional issues on rights and fundamental freedoms which require intervention.

He directed that the application be served on the club and other respondents immediately.

Responses are to be filed and served within seven days after service

Parties will appear in court on October 15 for a hearing.

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