High Court Judge Chacha Mwita has issued an order granting Donald Kipkorir access to Muthaiga Country Club. Kipkorir, a prominent and flamboyant lawyer, stated in his petition to the High Court that he was denied access on two separate occasions.
He argued that this denial impeded his professional activities and constituted a violation of his constitutional rights.
“This matter came up for directions on the Notice of Motion and petition, both dated September 5, 2024, before Honorable Justice E.C. Mwita. Upon considering the application, petition, and supporting documents, I am satisfied that the pleadings raise substantial constitutional issues on rights and fundamental freedoms which require intervention,” a statement from the High Court dated September 5, 2024, read in part.
Court Orders on Country Club
Accordingly, the High Court has issued an order to Muthaiga Country Club, mandating immediate access to the premises for Kipkorir. The court order stipulates that pleadings must be served immediately, and responses to the application and petition should be filed and served within seven days.
Additionally, Kipkorir will have seven days to file and serve a supplementary affidavit, if necessary, along with written submissions on the application and petition, not exceeding ten pages.
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The respondents will also have seven days after service to file and serve written submissions on the application and petition, each not exceeding ten pages. Submissions are to be completed by October 15, 2024.
In the meantime, a conservatory order has been issued, restraining Muthaiga Country Club, its officials, agents, servants, and anyone acting on its behalf from denying Kipkorir access to the club premises upon invitation by club members until October 15, 2024. The order includes a warning from Honorable Justice E.C. Mwita that any disobedience or failure to comply with the court’s order will result in penal consequences.
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Country Club’s Negative Impact on Kipkoris’s Work
Kipkorir, although not a member of the Muthaiga Country Club, has relatives who are members. He has reported that being barred from the club has negatively impacted his work as an advocate, as he often meets clients there. Kipkorir has previously held meetings with clients at the club for over 20 years. He also recalled an incident from October 2022 when he was initially denied access but allowed entry after lodging a complaint.
The reason for his recent denial of access remains unclear. In a statement published by the Daily Nation on September 9, Kipkorir emphasized his integrity, asserting that he has never been accused of corruption or arrested.
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