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Travellers Beach Hotel fights accusations of customer discrimination
Travellers Beach Hotel in Mombasa. The hotel has been sued by two people who claim they were discriminated against on the basis of their skin colour and race.
A beach hotel in Mombasa has asked the court to strike out a case brought against it by two people who claim they were humiliated and denied entry without cause.
Dhanjal Investments Limited, trading as Travellers Beach Hotel, says that the case filed by James Karugia and Grace Malila is misconceived and does not meet the threshold of a constitutional petition.
The hotel said that the petition was filed in contravention of the law, was an abuse of the due process of the court, and should not be heard or entertained by the court.
“The petition is bad in law and fundamentally defective and ought to be dismissed with costs to the respondent,” reads part of its preliminary objection to the petition.
Mr Karugia and Ms Malila, who are suing the hotel, are seeking a declaration that the establishment violated the Constitution by discriminating against them.
They are also seeking general damages for mental torture, distress, inhumane treatment, and violation of constitutional rights.
The petitioners allege that on September 1, 2024, they sought to enter the hotel for the purpose of accessing food and other leisure and entertainment activities within the premises.
They further claim that they were stopped at the entrance of the hotel for no reason and asked to identify themselves, while other individuals who had come after them were allowed into the premises without any scrutiny, harassment, or the requirement of identification.
“The petitioners were subsequently harassed by the security personnel at the entrance and further subjected to humiliating and degrading treatment for no reason and thereafter denied admission into the hotel,” reads part of the petition.
According to the petitioners, other individuals allowed into the premises without being subjected to humiliating treatment or the requirement were of Asian, American, or European descent.
They argue that the conduct of the hotel’s security personnel was uncalled for, unwarranted, humiliating and contrary to the dictates of human decency, and that it constituted outright discrimination against them on the basis of the colour of their skin and race.
“The petitioners have an inalienable freedom from discrimination on the basis of race and have the constitutionally protected right to be treated fairly. The petitioners were treated with ridicule, humiliation, and contempt on the basis of the colour of their skin,” the petitioners argue.
The petitioners argue that the respondent has violated the provisions of Article 27 (4) of the Constitution by engaging in conduct that constitutes discrimination against them and a breach of the right to equal treatment without any valid or legitimate basis.
In his supporting affidavit, Mr Karugia says that he lives in Nairobi and that on August 24 last year he travelled to Mombasa on a business trip that was to last a week.
He further says that on September 1 last year, while in the company of Ms Malila, he went to the hotel for food and other leisure and entertainment activities on the premises.
“At the entrance of Travellers Beach Hotel, we were stopped by the security personnel for no reason at all and subsequently asked to show our identity cards,” says Mr Karugia.
Mr Karugia says that while this was happening, he could see many people being allowed to enter without being asked to identify themselves and without any questioning, harassment or scrutiny.
“The security personnel asked us questions, subsequently harassed and ridiculed us, declined to allow us to enter the hotel premises, and ultimately rudely and unceremoniously ordered us to leave,” states Mr Karugia.
Mr Karugia says that he lodged a complaint with the hotel the following day because the conduct of its security personnel was uncalled for, unwarranted, humiliating and contrary to the dictates of human decency.
