The High Court has declined to issue orders stopping the burial of former Prime Minister Raila Amolo Odinga, following a petition challenging the 72-hour timeline set for his interment.
Justice Chacha Mwita ruled that the petitioner, Michael Onyango Otieno, had failed to demonstrate that the ongoing burial arrangements were being conducted contrary to the wishes of the deceased.
As such, the court could not grant conservatory orders at this stage.
“The applicant has not shown that the burial plans violate the deceased’s wishes. The court, therefore, finds no basis to interfere with the current arrangements,” Justice Mwita said in his brief ruling.
The judge directed that the pleadings be served upon the State and Lee Funeral Home and scheduled the matter for mention and further directions on October 23, 2025.
In his petition, Otieno, who describes himself as a senior member of the Luo community, argued that the decision to bury Raila within 72 hours violates Article 44 of the Constitution, which guarantees the right to participate in one’s cultural life and practices.
“The arrangements do not factor in the late Rt. Hon. Raila Amolo Odinga’s stature as a major adherent of Luo traditions, including ‘tero yuak,’ which is critical to the interment of men of Luo descent,” the petitioner stated.
He further contended that a hurried burial would deny the Luo community across Africa an opportunity to accord the late Odinga, an iconic political leader and cultural figure — a befitting send-off consistent with Luo customs.
Otieno maintains that the decree for a swift burial undermines the community’s cultural rights protected under Article 44(1) and (2) of the Constitution, which safeguard every person’s right to use their language and participate in cultural life and associations of their choice.
The case will be mentioned on October 23, 2025, for further directions.
Written By Rodney Mbua
