The High Court has declined to suspend the directive requiring the burial of the late former Prime Minister Raila Amolo Odinga within 72 hours, ruling that there was no sufficient urgency to warrant immediate intervention.
Justice Chacha Mwita, in his Thursday ruling, said the petitioner failed to demonstrate that the ongoing burial preparations contradicted the deceased’s own wishes or violated constitutional provisions.
“Upon considering the pleadings, I am not satisfied with the urgency of this matter. The applicant has not demonstrated that the process is being undertaken contrary to the wishes of the deceased to enable this court to act on the request of the conservatory orders,” Justice Mwita stated.
Petition Challenges 72-Hour Burial Order
The ruling followed a petition filed by Michael Onyango Otieno, who sought to block the burial directive issued by the National Funeral Committee and endorsed by the government.
Otieno argued that burying Raila Odinga within 72 hours violated Article 44 of the Constitution, which protects every Kenyan’s right to participate in the cultural life of their community.
He claimed that a hurried burial would deny the Luo community a chance to conduct traditional mourning rituals, such as tero yuak — a sacred ceremony performed for distinguished men within the Luo culture.
Petitioner Cites Raila’s Cultural Significance
The petitioner described Raila Odinga as a staunch adherent of Luo customs, recalling that he was crowned a Luo warrior in 2020 by the Luo Council of Elders in Bondo, Siaya County.
He further referenced the installation of Odungi Randa as the council’s chairman in 2023 — a ceremony that Raila himself attended and endorsed, symbolizing his commitment to preserving Luo cultural heritage.
Otieno also drew parallels with state funerals accorded to Jomo Kenyatta, Mwai Kibaki, and Tom Mboya, which featured elaborate public participation and cultural rites.
He questioned whether the alleged wish for a 72-hour burial had been verified by credible witnesses, calling for more transparency.
Court Allows Burial to Proceed
Despite these arguments, Justice Mwita found that the petition did not meet the threshold for urgent conservatory orders, allowing the burial to proceed as planned.
The court, however, noted that substantive issues raised in the petition would be heard and determined during a scheduled hearing on October 23, 2025.
Background
Raila Odinga, who died on October 15 in India following a cardiac arrest, is set to be buried on Sunday, October 19, at his Bondo home in Siaya County.
President William Ruto earlier declared Friday, October 17, a public holiday in his honour, while national mourning continues across Kenya.
