The High Court has declined to stop the burial of former Prime Minister Raila Odinga following a petition filed by Michael Onyango Otieno, who described himself as a senior member of the Luo community. The petitioner had sought urgent conservatory orders to suspend the 72-hour burial plan, arguing that it violated the community’s traditional customs and the constitutional right to cultural practices.
Justice Mwita dismissed the application, ruling that the petitioner had not provided sufficient evidence to show that the burial arrangements contradicted Raila Odinga’s own wishes. The court, therefore, found no basis to interfere with the ongoing state funeral plans. “The applicant has not demonstrated that the ongoing burial arrangements are being conducted contrary to the wishes of the deceased,” the judge stated.
The petitioner’s case contended that the directive to bury Raila within 72 hours undermined key Luo cultural rites, including “tero yuak,” a traditional mourning ceremony considered essential for men of high status. He argued that the hasty burial denied members of the Luo community across Africa the opportunity to give Raila a proper send-off befitting his stature.
“The arrangements do not factor in the late Rt. Hon. Raila Amolo Odinga’s stature as a huge adherent to the traditions of the Luo community,” Onyango said in his petition. He added that the move violated Article 44 of the Constitution, which protects every person’s right to participate in the cultural life of their choice.
Justice Mwita directed that the pleadings be served upon the State and Lee Funeral Home, setting the matter for mention on October 23, 2025, for further directions. For now, Raila’s burial preparations continue as planned, with the state funeral schedule expected to proceed without interruption.
By Yockshard Enyendi
