Former Prsident Uhuru Kenyatta viewing the former Prime Minister's body at Kasarani Stadium on October 16, 2025./PCS
The High Court has declined to halt the directive for the burial of the late former Prime Minister Raila Amolo Odinga within 72 hours.
Justice Chacha Mwita, on Thursday, October 16, 2025, ruled that the petitioner had not demonstrated sufficient urgency to justify immediate intervention.
In his ruling, the judge further noted that the applicant had not shown that the burial process was being undertaken contrary to the wishes of the deceased.
“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," he observed.
This follows a petition that was filed by Michael Onyango Otieno, who sought a declaration that burying Raila Odinga within 72 hours violates the Constitution.
The petitioner argued that the accelerated burial infringes on Article 44, which guarantees every person the right to participate in the cultural life of their community.
He explained that Raila Odinga was a staunch adherent of Luo traditions, including the tero yuak, a key ritual in interring men of stature within the Luo community.
The petitioner argued that a hurried burial denies the broader Luo community a chance to give him a befitting sendoff, one that reflected his life and legacy.
The petition further noted that the former Prime Minister had been crowned a Luo warrior in 2020 during a ceremony presided over by the Luo Council of Elders in Bondo, Siaya County, a role he had embraced.
Later in 2023, a new chairman of the council, Odungi Randa, was installed in Kisumu, with ceremonies endorsed by the deceased himself.
The petitioner emphasised that leaders of similar stature, including Jomo Kenyatta, Mwai Kibaki, and Tom Mboya, had received elaborate funerals that became part of their enduring legacy.
He questioned whether the deceased’s alleged wish to be buried within 72 hours had been corroborated by any witnesses.
According to the petition, a rapid burial would disrupt the customary practices of grief and mourning, undermining both Luo traditions and constitutional protections.
The High Court, however, found that the arguments presented did not meet the threshold for urgent intervention.
The court allowed the burial process to proceed while the substantive matters raised in the petition will be addressed during the October 23 hearing.
The order comes against the backdrop of thousands of mourners have gathered at Kasarani Stadium in Nairobi to view the body of former Prime Minister.
The viewing ceremony was led by President William Ruto, who arrived alongside Mama Ida Odinga and members of the Odinga family.
