NAIROBI, Kenya, Oct 16 – The High Court has declined to stop former Prime Minister Raila Odoinga’s burial following a petition filed to contest the 72-hour deadline set for his burial.
Justice Chacha Mwita in his ruling indicated that the petitioner Michael Otieno failed to prove that the burial needs to be stopped.
“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 act on the request for conservatory orders,” Justice Mwita stated.
In his suit papers, Otieno argued that there was no witness account to corroborate the allegations and the ceremony should thus be stopped and contended that the burial would violate Luo customs and traditions.
He claimed that a quick interment would violate Luo customs and traditions, particularly rites such as tero yuak (escorting the wail) which he described as central to the burial of men of Luo descent.
It is a traditional ceremony performed shortly after a person’s death typically for men of stature to publicly express grief and announce the death to the community.
The ritual also serves a communal purpose: it allows the wider community to join in mourning, affirm social bonds, and prepare spiritually for the funeral. In Luo tradition, tero yuak marks the transition from private grief to public mourning a vital part of giving the deceased a dignified send-off.
Otieno argued that rushing the burial would deny the Luo community and Kenyans in general a chance to give Odinga, whom he described as a cultural icon and political statesman, a befitting send-off.
He cited Article 44 of the Constitution, which guarantees every person the right to participate in the cultural life of their choice and to enjoy their culture with other members of their community.
In his petition, Otieno described Odinga as a huge adherent of Luo customs and traditions, recalling that in 2020 he was crowned a Luo warrior in a ceremony conducted by the Luo Council of Elders in Bondo, Siaya County.
He contended that Odinga’s stature required an elaborate send-off befitting his legacy, comparable to the ceremonies accorded to other national figures such as Jomo Kenyatta, Mwai Kibaki, and Tom Mboya.
Justice Mwita, however, dismissed the plea for an injunction and instead directed that all pleadings be served to the respondents. The court fixed October 23, 2025, for directions on the matter.
His ruling carried a penal notice warning that disobedience of court orders would attract penal consequences.
Court records indicate that the funeral arrangements will continue as planned. The late Odinga’s body is scheduled to lie in state in Nairobi before being moved to his Karen home for an overnight vigil.
On Saturday, it will be flown to Kisumu for public viewing at Moi Stadium, before being taken by road to Bondo for another overnight stay. The burial ceremony on Sunday will be conducted according to the traditions of the Anglican Church of Kenya.
The petitioner had argued that such arrangements failed to honour the depth of Luo funeral customs, which he said were essential to the collective mourning process.
In his view, the swift interment scrambles the customary choreography of grief and undermines the cultural rights enshrined in the Constitution.
Justice Mwita’s decision means the state funeral programme will proceed as planned while the case continues through normal court processes.
The court is expected to hear substantive arguments later this month, where the petitioner will be required to prove his claims and the respondents will defend the legality of the burial arrangements.
Respodents in the petition include the Attorney-General, the National Committee on the State Funeral of Odinga, Interior Cabinet Secretary Kithure Kindiki and the Cabinet Secretaries for Defence Soipan Tuya.
Transport CS Davis Chirchir, the Inspector-General of Police Douglas Kanja, the Kenya Airports Authority, Lee Funeral Home, the Anglican Church of Kenya, the National Council of Churches of Kenya, the Orange Democratic Movement, the family of the late Odinga, and the Luo Council of Elders.
