The High Court has rejected a request to block the burial of former Prime Minister Raila Odinga, which is planned for Sunday, October 19, 2025.
The case was filed by a man who wanted to stop what he termed as a “rushed burial,” arguing that laying Odinga to rest so soon after his death goes against Luo cultural practices and long-standing community traditions.
However, Justice Chacha Mwita ruled that the petitioner failed to prove that the burial arrangements were against Odinga’s personal wishes. The judge also noted that the matter did not warrant urgent intervention from the court.
In his ruling, Justice Mwita stated:
“This matter was presented under a Notice of Motion and Petition both dated 16th October 2025. After reviewing the documents filed, I am not convinced that the case is urgent. The applicant has also failed to demonstrate that the burial process is being carried out in a manner that opposes the deceased’s own wishes for the court to issue conservatory orders.”
According to Raila Odinga’s family, the former Prime Minister had expressed a desire to be buried within 72 hours of his death, and the Sunday date was selected based on that request.
But the petitioner disagreed with this position. In the court filings, he argued that Raila Odinga had always embraced Luo traditions.
He pointed out that in 2020, Odinga was officially crowned as an elder by the Luo Council of Elders in Bondo, Siaya County — a role that comes with strict cultural expectations, especially regarding funeral rites.
The petitioner insisted that a leader of Odinga’s stature should be accorded a grand and dignified send-off befitting a Luo warrior.
He compared Odinga to national figures like Jomo Kenyatta, Mwai Kibaki and Tom Mboya, all of whom were honoured with elaborate state funerals that reflected their immense contributions to Kenya.
He further questioned the alleged 72-hour burial wish, saying no witnesses had confirmed this claim. According to him, hurrying the burial would deny the Luo community enough time for traditional mourning rituals and collective farewell ceremonies.
The petitioner concluded that proceeding with the quick burial would amount to a violation of Article 44 of the Constitution, which guarantees the protection of cultural rights and practices.
Despite these arguments, the court maintained its decision, clearing the way for the burial to proceed on Sunday as scheduled.
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