The High Court has declined to stop the burial of the late former Prime Minister Raila Amolo Odinga, despite a petition challenging the decision to inter him within 72 hours of his death.
The petition, filed by Michael Onyango Otieno, who identified himself as a senior member of the Luo community, sought urgent conservatory orders to suspend the burial arrangements, arguing that the time frame disregarded the cultural traditions of the Luo people. Otieno insisted that a leader of Raila’s stature deserved a more elaborate send-off that respected customary rites such as tero yuak, a ritual mourning procession held for men of high standing.
Justice Mwita, however, ruled that the applicant had not provided sufficient evidence to show that the current burial arrangements contradicted Raila Odinga’s personal wishes. The judge further observed that the court could not intervene without proof of a direct constitutional violation. Consequently, the plea to halt the funeral was dismissed, allowing the ongoing preparations to continue as planned.
“The applicant has not demonstrated that the arrangements are being conducted contrary to the deceased’s wishes or in violation of any law. The court, therefore, finds no basis to issue conservatory orders at this stage,” Justice Mwita stated.
The court directed that the petition be formally served upon the State and Lee Funeral Home, setting the matter for mention and further directions on October 23, 2025.
In his petition, Otieno argued that the directive to bury Raila Odinga within 72 hours was unconstitutional and contrary to Article 44 of the Kenyan Constitution, which guarantees every individual the right to participate in their cultural life and practices. He emphasized that Raila’s position as a revered statesman, elder, and cultural icon required a funeral that reflected the depth of his influence and respect within the Luo community and across the continent.
“The burial arrangements as currently set out do not factor in the late Rt. Hon. Raila Amolo Odinga’s stature as a major adherent to the Luo traditions, particularly the tero yuak ceremony,” the petitioner submitted. “To inter his body so quickly denies the community and his admirers a befitting sendoff, which he both lived and championed during his life.”
Otieno further argued that the accelerated burial plan, though presented as per Raila’s personal request, effectively deprived the Luo community and Kenyans at large of an opportunity to honor him through the traditional and cultural rites he often supported during his public life.
“This undermines Article 44(1) and (2) of the Constitution,” the petitioner continued, “which provides for every person’s right to participate in the cultural life of their choice, and for members of a cultural community to enjoy their traditions collectively.”
The petition has sparked debate both online and within Luo Nyanza, with some agreeing that Raila’s funeral should follow cultural expectations, while others argue that his wish for a simple, timely burial should be respected.
Raila Odinga’s death in India earlier this week triggered a massive wave of mourning across Kenya. Political leaders, including President William Ruto, have described him as a visionary patriot whose legacy transcends generations.
Meanwhile, preparations for his burial in Bondo are continuing under tight security and with close family supervision. His elder brother, Dr. Oburu Oginga, earlier announced that Raila would be laid to rest near his parents, in accordance with his personal wish to be buried close to his family.
The High Court’s decision now clears the path for the funeral to proceed as scheduled, while the cultural and constitutional questions raised in the petition will be revisited during the next court session later this month.
The matter will be mentioned on October 23, 2025, for further directions.
