Court Rejects Petition to Delay Raila’s burial

The High Court has rejected an application to postpone the burial of former Prime Minister Raila Odinga, allowing the funeral to proceed as planned.

Justice Chacha Mwita ruled that the petitioner, Michael Onyango Otieno, had not provided sufficient legal grounds to justify a delay. Otieno, who identified himself as a Luo elder and constitutional advocate, argued that the planned 72-hour timeline violated cultural practices observed by the Luo community. 

He said the short timeframe would prevent key traditional mourning rites, including the “tero yuak” ceremony, which is considered essential when honouring deceased Luo men. In his decision, Justice Mwita said the petitioner had not demonstrated that the burial arrangements were contrary to Mr Odinga’s own wishes. 

“I am not satisfied on the urgency of the matter. The applicant has not demonstrated that the process is being undertaken contrary to the wishes of the deceased (Mr Odinga) to enable this court act on the request for the conservatory orders,” the judge said.

Otieno based his case on Article 44 of the Constitution, which guarantees the right to participate in cultural life. He maintained that the decision to proceed quickly with the burial undermines the cultural rights of the Luo community, particularly given Mr Odinga’s status as both a political and cultural figure. 

He noted that Odinga had been formally installed as a Luo elder in 2020, a ceremony that underscored his close ties to traditional customs. The petitioner compared the current burial arrangements to those of former national leaders, including founding President Jomo Kenyatta and former President Mwai Kibaki, who were accorded extended mourning periods. 

He also told the court that there was no publicly verified evidence showing that Mr Odinga had personally requested a rapid burial. Although the court declined to halt the burial, it did not dismiss the case entirely. Justice Mwita directed that the Attorney-General and representatives of the Odinga family be served with legal documents. A hearing on the constitutional issues raised will take place on 23 October 2025.