The High Court has declined to issue a conservatory order stopping the burial of former Prime Minister Raila Odinga.
Deputy President Kithure Kindiki on Wednesday, October 15, announced that the Orange Democratic Movement (ODM) leader, Raila Odinga, will be buried on Sunday, October 19, in accordance with his reported wish to be laid to rest within 72 hours of his death.
However, this announcement prompted Michael Onyango Otieno to move to court seeking to block what he described as a ‘hurried’ burial, arguing that the wishes of the late leader were not being respected or upheld.
“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, including aspects such as ‘tero yuak’, which is critical to the interment of men of the Luo descent,” read the petition in part.
“Consequently, to inter the body of the late Rt. Hon. Raila Amolo Odinga’s caliber so quickly denies the general Luo Communities in Africa an opportunity to give him a befitting sendoff, which he religiously adored during his 80 years of life, particularly his adult life, and even more admirably as an icon and a political leader.”
Court Declines to Stop Raila Odinga’s Burial
While delivering the judgment, Justice Chacha Mwita on Thursday, October 16, said the petitioner had not demonstrated that the burial process was being undertaken contrary to the wishes of Raila.
“This matter coming up for directions on the Notice of Motion and Petition, both dated 16th October 2025, before Honorable Justice E C Mwita, and upon considering the pleadings, I am not satisfied on 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 for the conservatory orders,” the court ruled.
Justice Chacha Mwita further ordered that the pleadings be served and directions in the matter be issued on October 23, 2025.
“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same,” the court ruled.
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Onyango further argued that the decision undermines Article 44(1) and (2) of the Constitution, which gives every person the right to use their language and to participate in the cultural life of their choice.
He added that the said Article states that a person belonging to a cultural or linguistic community has the right, together with other members of that community, to enjoy their culture, use their language, and form, join, and maintain cultural and linguistic associations and other organs of civil society.
Petitioner’s Arguments
At the same time, Onyango opined that prior to his death, the late Raila Odinga was a strong adherent of Luo customs and traditions. He noted that in 2020, Raila was crowned a Luo warrior in a ceremony presided over by the Luo Council of Elders in Bondo, Siaya County, and later, in 2023, personally endorsed the installation of Odungi Randa as the new chairman of the council in Kisumu.
He stated that, given Raila’s stature and legacy as a Luo warrior, his send-off should reflect the amplitude befitting his life and contribution to the community. The petitioner compared Raila’s standing to that of other national leaders such as the late Jomo Kenyatta, Mwai Kibaki, and Tom Mboya, who were all laid to rest with elaborate state and cultural ceremonies.
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According to the petitioner, the alleged wishes for Raila to be buried within 72 hours of his death have not been corroborated by witnesses and go against Luo customs, which he deeply respected.
“This scrambles the customary choreography of grief and undermines Article 44 of the Constitution. 48. Doing so, they said, will be contrary to Luo customs and traditions, which the deceased greatly respected and adhered to. 49,” the petition read further.
“Luos in particular, and Kenyans in general, long goodbyes, specifically the Christians, are not mere extravagance. They are the public’s chance to translate private sorrow into civic meaning.”
The petitioner listed 14 respondents in the case, beginning with the Attorney General of the Republic of Kenya and the National Committee on the State Funeral of the late Rt. Hon. Raila Amolo Odinga.
Also named were Interior Cabinet Secretary Prof. Kithure Kindiki, the Cabinet Secretary for Transport and Infrastructure, Housing and Urban Development, the Principal Secretary for Transport and Infrastructure, and the Cabinet Secretary for Defence.
Other respondents included the Inspector General of the National Police Service, the Kenya Airports Authority, Lee Funeral Home, the Anglican Church of Kenya, the National Council of Churches, and the Orange Democratic Movement (ODM).
The family of the late Rt. Hon. Raila Amolo Odinga was also listed among the respondents, while the Luo Council of Elders was named as an interested party.
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