Mambo & 2 others v Limuru Country Club & 15 others (Sued on behalf of The Kenya Ladies Golf Union); Federation of Women Lawyers (FIDA) & another (Interested Parties) (Constitutional Petition 160 of 2013) [2014] KEHC 7683 (KLR) (Constitutional and Human Rights) (12 March 2014) (Judgment)
- Court
- High Court of Kenya
- Case number
- 7683
- Citation
- [2014] KEHC 7683 (KLR)
- Decided
- 12 March 2014
The court has jurisdiction to address the petition, the by-law is discriminatory and unconstitutional, and the respondents should bear the petitioners' costs.
Facts
The petitioners challenge a resolution by the Board of Directors of the Limuru Country Club (the Club) amending part of the Club's by-law, alleging it discriminates against female membership and violates their fundamental rights. The respondents include the Club, its directors, and other organizations.
Issues
- Jurisdiction of the court to address private club affairs
- Discrimination and equality
- Constitutionality of the disciplinary process
Reasoning
The court determined that the club is a private members' club and that the court has jurisdiction to address the petition. The by-law is discriminatory and unconstitutional, and the respondents acted unlawfully by passing it.
Outcome
The petition is upheld, the by-law is declared unconstitutional, and the respondents are ordered to bear the petitioners' costs.
Orders
- The by-law is declared unconstitutional.
- The respondents (Club and its directors) are ordered to bear the petitioners' costs.
Remedies
- The by-law is declared unconstitutional.
- The respondents are ordered to bear the petitioners' costs.
Authorities cited
Legislation (2)
- Constitution of Kenya 2010
- Constitution (Protection of Fundamental Rights and Freedoms) Practice and Procedure Rules, 2013
Cases cited (2)
- Salomon v Salomon (1897) AC 22
- John Harun Mwau and Other v Attorney General Nairobi Petition No. 65 of 2010 (Unreported) [2012] eKLR
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