The High Court has dismissed an attempt to block the burial of the late former Prime Minister Raila Amolo Odinga, ruling that there was no urgent reason to halt the process.
Delivering the verdict on Thursday, October 16, 2025, Justice Chacha Mwita said the application failed to show that the burial arrangements violated the late Odinga’s wishes or that the matter was urgent enough to warrant immediate court intervention.
“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 wishes of the deceased to enable this court to act on the request of the conservatory orders,” Justice Mwita stated.
The case had been filed by Michael Onyango Otieno, who sought a declaration that interring Odinga within 72 hours contradicted the Constitution. He argued that such haste breached Article 44, which protects the right of every person to engage in their community’s cultural life.
Otieno insisted that Raila Odinga was a committed follower of Luo customs, which require a detailed burial process, including the tero yuak ritual—an important tradition performed for respected men within the Luo community. He maintained that a rushed burial would deprive the Luo people of an opportunity to honour the late leader through proper cultural rites and ceremonies.
The petitioner pointed out that Odinga had previously been honoured as a Luo warrior in 2020 by the Luo Council of Elders in Bondo, Siaya County, a title he wore with pride.
He added that in 2023, Odinga endorsed the installation of the council’s current chairperson, Odungi Randa, during a cultural ceremony in Kisumu, underscoring his deep connection to Luo traditions.
Otieno further argued that other national leaders, such as Jomo Kenyatta, Mwai Kibaki, and Tom Mboya, were given grand funerals that reflected their stature, questioning why Odinga’s burial would be treated differently.
He also cast doubt on claims that the former Prime Minister had personally expressed a desire to be buried within three days, saying no evidence had been presented to confirm it.
He told the court that fast-tracking the burial would interfere with mourning customs and deny the community the chance to celebrate Odinga’s legacy in a culturally fitting manner.
However, Justice Mwita ruled that the arguments presented did not meet the threshold for the court to issue conservatory orders. The court allowed the burial to proceed as planned, adding that the substantive questions raised in the petition would be examined in detail during the October 23 hearing.
The ruling came as thousands of mourners gathered at Kasarani Stadium in Nairobi for the public viewing of Odinga’s body. President William Ruto joined Ida Odinga and the Odinga family during the viewing ceremony attended by dignitaries and members of the public.