A Nairobi High Court has declined an urgent application seeking to stop the burial of the late former Prime Minister Raila Amolo Odinga, scheduled for Sunday, October 19, 2025, at his ancestral home in Bondo, Siaya County.
The petition, filed by Michael Onyango Otieno at the Constitutional and Human Rights Division of the Milimani High Court, sought to challenge the burial timeline, arguing that interring the late statesman within 72 hours of his death violated the Constitution and disregarded Luo cultural traditions. Onyango claimed that such a hurried burial contravened Article 44 of the Constitution, which guarantees every individual the right to participate in their culture and customs.
According to Onyango, the decision to bury Raila within three days undermined the deeply rooted Luo traditions that guide the burial of men of high standing in the community. He particularly referenced the traditional practice of tero yuak, a key mourning rite performed before burial to honor and celebrate the life of the deceased. The petitioner maintained that these cultural observances are essential, especially for a leader of Raila Odinga’s stature and legacy.
Onyango further argued that there was no verifiable evidence or witness testimony confirming that Raila Odinga had personally requested to be buried within 72 hours. He insisted that the haste in organizing the burial raised questions about whether due process was followed in honoring the deceased’s true wishes.
However, in his ruling, Justice Chacha Mwita dismissed the application, stating that the petitioner had failed to demonstrate sufficient urgency or provide compelling evidence that the burial arrangements were contrary to the late Odinga’s will. The judge emphasized that the court would not interfere with the burial process without clear proof of rights violation or a breach of the deceased’s expressed intentions.
Justice Mwita concluded that the matter lacked the merit required for the issuance of conservatory orders to halt the burial. He directed that the case be mentioned on October 23, 2025, for further directions, allowing the burial to proceed as planned in Bondo.
The ruling effectively cleared the way for the final farewell to the veteran opposition leader and former prime minister, a figure who played a monumental role in shaping Kenya’s political landscape.
