The High Court in Nairobi Thursday declined to stop the planned burial of the late former Prime Minister Raila Amolo Odinga.
Justice Chacha Mwita, sitting at the Milimani Law Courts, ruled that the petitioner, Michael Onyango Otieno, had not demonstrated that the ongoing burial plans were contrary to the deceased’s wishes to warrant the court’s immediate intervention.
In his ruling, Justice Mwita directed that the pleadings be served upon all the respondents and set the matter for directions on October 23, 2025.
Raila will be buried on October 19, 2025 at his Bondo home.
“I am not satisfied on the urgency of this matter,” ruled Mwita.
The petition, filed under certificate of urgency, seeks to challenge the government’s decision to bury the late opposition leader within 72 hours of his death, arguing that such an arrangement goes against Luo cultural traditions.
Otieno, in his application, contends that the proposed burial timeline violates Article 44 of the Constitution, which guarantees every Kenyan the right to participate in their cultural life and to uphold community traditions.
He further argued that the late Odinga, who was a respected adherent of Luo customs and was crowned a Luo warrior in 2020, should be accorded a send-off that reflects his cultural identity and stature.
Among the 14 respondents named in the suit are the Attorney General, the National Committee on the State Funeral, Interior Cabinet Secretary Prof. Kithure Kindiki, several other government ministries, the family of the late Raila Odinga, the Orange Democratic Movement, the Anglican Church of Kenya, and Lee Funeral Home.
The petitioner also listed the Luo Council of Elders as an interested party in the case.
He emphasized the importance of traditional rites such as tero yuak—a key cultural mourning ceremony among the Luo community.
According to Otieno, the ex- prime minister should be buried with an amplitude that becomes part of his life and legacy as a luo warrior.
“Luos in particular, and Kenyans in general’s long goodbyes specifically the Christians are not mere extravagance. They are the public’s chance to translate private sorrow into civic meaning,” read the court documents.
Raila, who passed away Wednesday morning in India, is being accorded full state honors in recognition of his immense contribution to Kenya’s democracy, reform, and national unity.
He will be laid to rest Sunday.
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