Nairobi man loses the bid to prevent Sunday burial of former Prime Minister Raila Odinga after the High Court in Milimani declined to issue orders halting the ceremony.
A Nairobi man has for the second time not been successful in trying to block the planned burial of former Prime Minister Raila Odinga scheduled for Sunday, after the High Court in Milimani did not grant any urgent orders to stop the ceremony
Michael Onyango Otieno, the petitioner, went to magistrate’s court to stop what he termed as a hurried burial, stating it was contrary to the Constitution of Kenya as well as Luo culture.
He wanted the magistrate to extend the mourning period to allow for the traditional rites and the public send-off.
Otieno’s application was in regard to the funeral plan which was to hold Raila’s burial 72 hours after death, which was during a state funeral program. He claimed that the time frame goes against the constitution under the following provisions:
Article 32: Freedom of conscience, religion, belief, and opinion.
Article 44: Protection of cultural rights and practices.
The petition called for the deceased Odinga, also widely known as a custodian of Luo culture, to be given a burial in accordance with his people’s tradition traditions that tend to take a number of days to complete and involve intricate rituals, community reception, and religious rites.
Otieno further questioned the constitutionality of the 72-hour deadline, contending that the President’s pronouncement of a week-long period of mourning and a state funeral with military honors conflicted with the brief time period for public mourning.
He further claimed that no credible witness had come forward to confirm Raila’s allegedly personal request to be buried within 72 hours.
Sprinting the burial, Otieno wrote in court papers, “is depriving the Luo people, and indeed Kenyans in general, of the opportunity to mourn a national hero in a culturally appropriate manner.”.
But when the matter came before Justice E.C. Mwita on Thursday, the court declined to make expedient conservatory orders against the burial. The judge found that the petitioner had not demonstrated reasonable urgency, or that burial preparations were contrary to the expressed will of the deceased.
“The applicant has not demonstrated that the process is being done contrary to the wishes of the deceased,” ruled Justice Mwita.
Instead, the judge directed the petition and supporting application to be served formally and fixed the case for further directions on October 23, 2025—four days after the burial date was scheduled.
The court also served a standard penal notice, warning disobedience of the court’s future orders to result in consequences before the law.
Raila Odinga, who passed away this week on Wednesday in India, will be buried at his rural home in Siaya County. His body has already been viewed by thousands in Nairobi and is set for Kisumu mourning leg.
Even as the court intervened, the petition reveals a wider public discussion on how the state reconciles official procedure with community tradition, particularly in paying respect to a figure of Raila Odinga’s reputation.
