The High Court in Kenya’s capital, Nairobi has dismissed a petition seeking to block the burial of the late former Prime Minister Raila Odinga within 72 hours.
In a ruling delivered on Thursday, October 16, 2025, Justice Chacha Mwita found that the petitioner had failed to demonstrate sufficient urgency or legal grounds to justify halting the burial process.
“I am not satisfied with the urgency of this matter,the applicant has not shown that the burial is being conducted contrary to the wishes of the deceased, which would warrant the issuance of conservatory orders.”justice Mwita stated.
The petition had been filed by Michael Onyango Otieno, who argued that burying Raila Odinga within such a short period violated the Constitution. He claimed that the directive contravened Article 44, which guarantees every person the right to participate in the cultural life of their community.
Otieno contended that Raila, a prominent figure within the Luo community, was a firm believer in Luo traditions, including tero yuak a significant ritual in honoring distinguished men during burial.
He argued that a rushed burial would deny the community the opportunity to conduct traditional rites and accord him a fitting farewell.
The petitioner also referenced Raila’s installation as a Luo warrior in 2020, a ceremony presided over by the Luo Council of Elders in Bondo, Siaya County.
He noted that the former Prime Minister had later endorsed the installation of the council’s current chairman, Odungi Randa, in Kisumu in 2023.
Otieno maintained that national leaders of similar stature including Jomo Kenyatta, Mwai Kibaki, and Tom Mboya had been accorded elaborate state funerals that reflected their legacies. He further questioned whether raila odinga’s supposed wish for a swift burial had been verified by any witnesses.
However, the court ruled that the issues raised did not meet the threshold for urgent intervention and allowed the burial arrangements to continue as planned. The substantive hearing of the petition is scheduled for October 23, 2025.
The ruling comes as thousands of mourners gather at Kasarani Stadium in Nairobi to pay their last respects to the former Prime Minister. The viewing ceremony was led by President William Ruto, joined by Mama Ida Odinga and members of the Odinga family.