Lawyer Donald Kipkorir has announced that the High Court has awarded him Ksh1 million in damages in a constitutional case against Muthaiga Country Club.
In a statement on Friday, November 7, he said Justice Chacha Mwita vindicated his claim that the club had violated his constitutional rights when it refused him entry.
According to Kipkorir, the court found the club’s actions unlawful and reaffirmed the right of invited guests to access such institutions.
"Today, Justice Chacha Mwita delivered judgement on my constitutional petition against Muthaiga Country Club that had refused me entry on the most spurious grounds.
"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," he stated.
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Kipkorir expressed gratitude to his lawyer for representing him in the case and praised the court for upholding constitutional justice.
"The judge awarded me Ksh1 million in damages plus legal costs. I thank my erudite lawyer Peter Wanyama for excellent constitutional litigation and for standing up to faceless bullies," he added.
Kipkorir further called on Muthaiga Country Club to end its long-standing 'blackballing' practice, which allows anonymous objections to membership or guest invitations.
"Muthaiga Country Club should end its ‘blackballing’ policy where members with personal vendetta are allowed to anonymously stop a guest from coming or from even becoming a member. An accuser must be man enough to one out instead of hiding in shadows like a weasel," he concluded.
Elsewhere, this comes two days after comedian Oga Obinna won a Ksh6 million defamation case against Radio Jambo presenter Massawe Japanni, the station’s parent company, Radio Africa, and socialite Maureen Imbayi, also known as Black Cinderella, after a court ruled in his favor.
While confirming the victory on Wednesday, November 5, Obinna revealed that the case stemmed from statements made by Black Cinderella during an interview on Radio Jambo’s show hosted by Massawe.
The comedian claimed that false and damaging claims about his character were broadcast without verification.
"We successfully sued Massawe Japanni, Black Cinderela and Radio Jambo for defamation about a year ago and today we have won.
"Black Cinderella has been making defamatory remarks about me knowing we have never met. She gets invited for an interview by Massawe on her show that airs on Radio Jambo and she goes and makes the same remarks, the host and the producers never asked for evidence but decide to air the story for views and likes or whatever reason," he said.
Justice Edward Too of the Milimani Commercial Magistrate Court found the defendants liable for defamation and awarded Obinna Ksh5 million in general damages.
He was also awarded an additional Ksh1.1 million in aggravated damages, damages in lieu of an apology and exemplary damages.
"I enter judgment in favour of the Plaintiff against the Defendants jointly and severally for a permanent injunction restraining the Defendants by themselves or their agents or otherwise, howsoever from publishing any further or similar defamatory material of or concerning the Plaintiff
"General damages Ksh5,000,000; Aggravated damages Ksh500,000; Damages in lieu of an apology Ksh500,000; and Exemplary damages Ksh100,000," he ruled.
