The High Court has dismissed an application by a man seeking to block the burial of former Prime Minister Raila Odinga, ruling that the petitioner failed to prove the funeral arrangements contradict the late leader’s wishes or violate cultural rights.
Nairobi, Kenya, 17, 2025 – The High Court has declined to issue orders halting the burial of former Prime Minister Raila Odinga, dismissing a petition filed by a man who argued that the planned quick burial violates Luo customs and traditions.
Justice Chacha Mwita ruled that the petitioner, identified as Michael Onyango Otieno, failed to demonstrate that the ongoing burial arrangements were contrary to the wishes of the deceased or justified judicial intervention.
“This matter coming up for directions on the Notice of Motion and Petition, both dated 16th October 2025 before Honourable Justice Chacha Mwita, and upon considering the pleadings, I am not satisfied on the urgency of this matter,” the judge stated in his ruling.
“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 conservatory orders,” the court added.
Odinga is scheduled to be buried on Sunday, October 19, 2025, in line with his family’s communication that he wished to be laid to rest within 72 hours of his death.
In his petition, Otieno argued that before his death, the former Prime Minister was deeply rooted in Luo customs and had been crowned an elder by the Luo Council of Elders in Bondo, Siaya County, in 2020.
He claimed that a hurried burial would dishonour Odinga’s stature and legacy, comparing him to national figures such as Jomo Kenyatta, Mwai Kibaki, and Tom Mboya, who were accorded elaborate state funerals.
The petitioner also contended that the alleged wish for a 72-hour burial had not been independently verified, saying it could disrupt traditional mourning rites and breach Article 44 of the Constitution, which protects cultural rights.
The court, however, dismissed the request, allowing funeral arrangements to proceed as planned.
