High Court declines to stop Raila Odinga's burial

This is after petitioner Michael Onyango Otieno, who describes himself in the court documents as a senior member of the Luo community, moved to court under a certificate of urgency to challenge the 72 hours set for Raila's burial.

Justice Mwita ruled that the applicant had not demonstrated that the ongoing burial arrangements were being conducted contrary to the wishes of the deceased, and therefore the court could not act on the request for conservatory orders at this stage.

The judge directed that the pleadings be served upon the State and Lee Funeral Home and set the matter for directions on October 23, 2025.

In the petition, the applicant seeks a declaration that the burial of the late Raila Amolo Odinga within 72 hours, as decreed by the 2nd Respondent, is unconstitutional and violates Article 44 of the Constitution, which protects the right to participate in cultural life and practices of one’s choice.

"The arrangements do not factor in the late Rt. Hon. Raila Amolo Odinga's stature as a huge adherent to the traditions of the Luo community, including aspects such as "tero yuak" which is critical to the interment of men of the Luo descent.

"Consequently, to inter the body of the late Rt. Hon. Raila Amolo Odinga's calibre so quickly denies the general Luo Communities in Africa an opportunity to give him a befitting sendoff, which he religiously adored during his 80 years of life, particularly his adult life and even more admirably as an icon and a political leader," the petitioner argues.

He adds: "This undermines the Article 44(1) & (2) of the Constitution which gives every person the right to use the language, and to participate in the cultural life, of the person's choice and further that a person belonging to a cultural or linguistic community has the right, with other members of that community to enjoy the person's culture and use the person's language or to form, join and maintain cultural and linguistic associations and other organs of civil society."

The matter will be mentioned on 23rd October 2025 for further directions.