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Originally published by Capital Newstop
November 11, 2025
2h ago
What the Muthaiga ruling means for private clubs in Kenya
Justice Mwita emphasized that while private clubs may reserve the right of admission, that discretion must still align with constitutional principles, particularly human dignity and fair administrative action...
✨ Key Highlights
The High Court in Nairobi, Kenya, has ruled that private entities, including clubs, must operate within constitutional bounds, emphasizing that their right to deny entry or membership is not absolute. This precedent-setting decision stems from a case where the Muthaiga Country Club (MCC) unlawfully denied prominent lawyer Donald Kipkorir entry despite a valid invitation.
- Justice Chacha Mwita awarded Kipkorir Sh1 million in damages for violations of his constitutional rights to fair administrative action and human dignity.
- The ruling, delivered on November 7, affirms that constitutional rights bind all persons and organizations, not just the State.
- The court found the MCC’s actions on August 9, 2024, unlawful and discriminatory, stating that denying entry without explanation violated Kipkorir’s human dignity.
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