The High Court has rejected a petition to stop the burial of the late former Prime Minister Raila Odinga, scheduled for Sunday, October 19, 2025.
Justice Chacha Mwita determined that the petitioner, Michael Onyango Otieno, did not provide sufficient evidence that the burial arrangements contradicted the wishes of the former Prime Minister. The court also noted that the matter did not meet the urgency threshold necessary to justify the requested conservatory orders.
“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 the conservatory orders,” Mwita stated in his ruling.
The judge ordered that the pleadings be served and that further directions be issued on October 23, 2025.
Otieno’s petition claimed that the planned burial violated Luo cultural traditions, including the “tero yuak” mourning period. The State Law Office and Lee Funeral Home were listed as respondents.
The government-appointed Raila Odinga Funeral Committee confirmed that the burial will be held on Sunday in line with Raila’s will, which requested that his remains be interred within 72 hours of his passing.
Co-chaired by Deputy President Prof. Kithure Kindiki and Raila’s elder brother Dr. Oburu Oginga, the committee stated that the chosen date respects both the late leader’s personal wishes and cultural considerations.
Raila Odinga passed away in India, where he was undergoing treatment. His remains were returned to Kenya on Thursday morning, accompanied by a delegation led by Prime Cabinet Secretary Musalia Mudavadi, in preparation for the state funeral announced by President William Ruto following his death.
