A Nairobi court has allowed the government’s fast-tracked burial plan for the late Rt. Hon. Raila Odinga to proceed, dismissing an urgent request to halt the ceremony on cultural grounds. The decision highlights a tension between the protocols of a state funeral and the traditions of the Luo community.
Who Petitioned the Court and Why?
The legal challenge was filed by Michael Onyango Otieno, who described himself as a senior member and cultural adherent of the Luo community. He lodged a constitutional petition on Thursday, October 16, 2025, arguing that he was acting not just for himself, but on behalf of the entire Luo community and in the public interest.
His central argument was that the government’s plan to bury the former Prime Minister within 72 hours of his death was a profound disrespect to Luo customs. He specifically highlighted the omission of “tero yuak,” a vital traditional rite for the interment of Luo men.
For a leader who was publicly crowned a Luo elder and was a well-known proponent of his culture, the petitioner argued that a rushed state funeral denied him the dignified, culturally-significant send-off he deserved. He framed this not just as a cultural snub, but as a violation of Article 44 of the Kenyan Constitution, which guarantees the right to participate in cultural life.
The Judge’s Reasoning: The Missing Link of Personal Wishes
The petitioner sought an urgent conservatory order from the High Court to immediately stop the funeral arrangements. However, Justice E.C. Mwita, in a ruling on the same day the petition was filed, declined to issue this emergency order.
The judge’s decision hinged on a key point of evidence. He stated that the petitioner had not demonstrated that the state-led funeral process was “being undertaken contrary to the wishes of the deceased.”
In simple terms, the government’s funeral committee had cited communications from Raila Odinga’s family that he himself wished for a swift burial. Faced with this, the court found no urgent legal basis to override what were presented as the personal wishes of the late leader himself. Without proof to the contrary, the judge saw no reason for an emergency intervention.
What Comes Next? The Case is Postponed, Not Dismissed
It is crucial to note that the broader constitutional case has not been thrown out. The court only refused the request for an emergency stop to the burial. The larger question of whether the state violated the cultural rights of the Luo community remains unresolved and will be heard in court.
The judge issued two clear next steps. First, the petitioner must formally serve the lawsuit on all fourteen respondents, which include the Attorney General, the State Funeral Committee, and Raila Odinga’s family. Second, the case will return to the Milimani High Court for further directions on Thursday, October 23, 2025.
This means that while the immediate burial will proceed as a state function, the legal and national conversation about balancing a leader’s personal wishes, state honor, and community traditions is now officially on the court’s docket for a future date.
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