Court Declines To Stop Burial Of Raila

The High Court has dismissed an application seeking to stop the burial of former Prime Minister Raila Odinga, with Justice Enock Chacha ruling that the petitioner failed to demonstrate sufficient urgency or evidence that burial arrangements contravene the deceased’s wishes.

Justice Chacha, in his ruling, stated: “Upon considering the pleadings, I am not satisfied on the urgency of this matter. The applicant has not demonstrated that the process is being undertaken contrary to the wishes of the deceased to enable this court to act on the request for conservatory orders.”

The application was filed by Michael Onyango Otieno, who identifies himself as a senior member of the Luo community. He has been directed to serve the respondents, with further directions scheduled for tomorrow.

Mr. Otieno seeks a declaration that burying the late Raila Odinga within 72 hours violates Article 44 of the Constitution of Kenya, 2010, which guarantees the right to freedom of religion, belief, and opinion, including the right to practice cultural customs.

“A declaration that the burial of the late Raila Amolo Odinga within 72 hours violates Article 44 of the Constitution, 2010,” the petition states.

The petitioner outlined Mr. Odinga’s background and cultural identity.

Born in 1945, Raila Odinga attended Kisumu Union Primary School, Maranda Primary, and Maranda High School before pursuing higher education in Germany.

He graduated with a master’s degree in mechanical engineering from the Technische Hochschule of Magdeburg in the German Democratic Republic in 1965.

According to the petition, the deceased was a committed adherent to Luo customs and traditions.

In 2020, he was crowned a Luo warrior in a ceremony conducted by the Luo Council of Elders in Bondo, Siaya County.

The petition notes that in 2023, Mr. Odinga endorsed the installation of Odungi Randa as chairman of the Luo Council of Elders in Kisumu.

“As such, he should be sent off with an amplitude that becomes part of his life and legacy as a Luo warrior,” Mr. Otieno argued.

The petitioner cited precedents involving other prominent Kenyan leaders, including former presidents Jomo Kenyatta and Mwai Kibaki, as well as the late Tom Mboya, all of whom received elaborate send-offs befitting their national stature.

“His alleged wishes to be buried within 72 hours of his death have not been corroborated by any witnesses. This scrambles the customary choreography of grief and undermines Article 44 of the Constitution,” the petition states.

Mr. Otieno contended that expedited burial arrangements contradict Luo customs and traditions, which the deceased reportedly valued and observed throughout his life.

“Luos in particular, and Kenyans in general’s long goodbyes—specifically the Christians’—are not mere extravagance. They are the public’s chance to translate private sorrow into civic meaning,” the petition concludes.