Raila Odinga
By MKT Reporter
The High Court has dismissed an urgent application seeking to delay the burial of Kenya’s former Prime Minister, Raila Amolo Odinga. The petition, filed by Michael Onyango Otieno, a self-identified senior member of the Luo community, challenged the decision to inter Odinga within 72 hours of his passing.
Justice Mwita, presiding over the matter, ruled that the petitioner failed to provide sufficient evidence that the burial arrangements contradicted the wishes of the deceased. As such, the court declined to issue conservatory orders halting the burial process.
The judge instructed that the petition be formally served to the State and Lee Funeral Home, with the case scheduled for mention on October 23, 2025, for further directions.
In his petition, Otieno argued that the rapid burial timeline undermines the cultural traditions of the Luo people, particularly the practice of tero yuak, a mourning ritual considered essential for honoring prominent male figures. He contended that Raila Odinga, a revered statesman and cultural icon, deserved a sendoff that reflected his lifelong commitment to Luo customs.
“The decision to bury the late Rt. Hon. Raila Amolo Odinga within such a short period disregards his deep-rooted respect for Luo traditions,” Otieno stated in his filing. “It denies the wider Luo community across Africa the opportunity to pay tribute in a culturally appropriate manner.”
Otieno further claimed that the burial plan violates Article 44 of the Kenyan Constitution, which guarantees individuals the right to participate in cultural practices and use their language. He emphasized that cultural communities have the right to collectively observe their traditions and maintain associations that reflect their heritage.
While the court has not yet ruled on the constitutional claims, Justice Mwita’s decision allows the burial arrangements to proceed as planned. The upcoming court session will determine whether the petition raises substantive constitutional issues warranting further review.
As the nation prepares to bid farewell to one of its most influential leaders, the legal challenge highlights the tension between state protocols and cultural expectations in moments of national mourning.
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