The High Court has rejected an attempt to halt former Prime Minister Raila Odinga's burial, ruling that the petitioner failed to demonstrate sufficient grounds for intervention.
Justice Chacha Mwita dismissed the application filed by Michael Onyango Otieno, who claimed the planned 72-hour burial period violated Luo customs.
“I am not satisfied on the urgency of the matter. The applicant has not demonstrated that the process is being undertaken contrary to the wishes of the deceased (Mr Odinga) to enable this court act on the request for the conservatory orders,” said the judge.
The casket bearing the body of former Kenyan Prime Minister Raila Odinga is received at the Jomo Kenyatta International Airport in Nairobi, on October 16, 2025.
Photo credit: Reuters
Mr Otieno, identifying himself as a Luo community elder and constitutional defender, argued that the accelerated burial schedule would deny proper observance of traditional mourning rites like "tero yuak" – a crucial Luo ceremony for deceased men.
He maintained there was no verified evidence supporting Mr Odinga's alleged preference for swift interment.
“The proposed burial timeframe denies Luo communities across Africa the opportunity to accord Mr Odinga the send-off befitting his stature," Otieno said in court documents.
He cited Mr Odinga's 2020 installation as a Luo elder in Siaya County as evidence of the former PM's cultural commitment.
The petition invoked Article 44 of the Constitution, which safeguards cultural rights, arguing the burial plan infringed on Luo traditions. Mr Otieno compared the situation to the extended mourning periods granted to other Kenyan leaders like Jomo Kenyatta and Mwai Kibaki.
“To inter the body of the late Rt. Hon. Raila Amolo Odinga's calibre so quickly denies the general Luo Communities in Africa an opportunity to give him a befitting send-off, which he religiously adored during his 80 years of life, particularly his adult life, and even more admirably as an icon and a political leader,” he stated.
Mama Ida Odinga and her children Rosemary and Raila Junior pay their respect to former Prime Minister Raila Odinga at Moi International Sports Centre, Kasarani in Nairobi on October 16, 2025.
Photo credit: PCS
Justice Mwita directed Mr Otieno to serve court papers to the Attorney-General and Mr Odinga’s family representatives ahead of an October 23, 2025 hearing date. The judge emphasised that the petitioner had not proven the burial arrangements violated constitutional protections.
Court documents reveal that Mr Otieno sought declarations that the 72-hour burial violates constitutional cultural rights and that the funeral committee's decision is unlawful.
The ruling clears the way for burial preparations to continue as planned while preserving the petitioner's right to pursue his constitutional challenge.
