The High Court in Nairobi has declined to issue interim orders stopping the ongoing funeral arrangements of the late Rt. Hon. Raila Amolo Odinga, pending the hearing of a constitutional petition filed by activist Michael Onyango Otieno.
Justice E.C. Mwita ruled that the applicant had not demonstrated sufficient urgency to warrant halting the burial plans. The judge directed that pleadings be served on all respondents and scheduled the matter for mention on October 23, 2025, for directions.
“The applicant has not demonstrated that the process is being undertaken contrary to the wishes of the deceased to enable this court act on the request for conservatory orders,” Justice Mwita stated. The court further warned that any disobedience of its orders would attract penal consequences.
The petition, filed under case number HCCHRPET/E666/2025, lists the Attorney General, the National Committee on the State Funeral of the Late Rt. Hon. Raila Odinga, Prof. Kithure Kindiki, several Cabinet Secretaries, the Inspector General of Police, Lee Funeral Home, the Anglican Church of Kenya, and the Orange Democratic Movement among fourteen respondents. The Luo Council of Elders has been listed as an interested party.
Michael Onyango argues that the state-controlled funeral arrangements violate Luo cultural practices, which he says were central to Raila Odinga’s identity and the cultural rights of the Luo people. He cites multiple constitutional articles including 2, 3, 10, 19, 20, 21, 22, 23, 27, 28, 32, 36, 44, and 258, claiming violations of cultural rights, equality, and freedom of association.
In his petition, Onyango says the government’s burial program disregards key Luo traditions such as “tero vuak,” a critical rite marking the interment of men of high standing within the community. According to the schedule annexed to the petition, the body will be moved from Nairobi to Raila’s Karen home for an overnight stay, then to Kisumu for public viewing at Moi Stadium before proceeding to Bondo for an overnight stay and burial under Anglican Church of Kenya traditions.
The petitioner claims that this plan denies the Luo community an opportunity to give Raila a befitting send-off that reflects his cultural and political stature. He argues that the burial plans undermine Article 44(1) and (2) of the Constitution, which guarantees every person the right to participate in their culture and use their community’s traditions.
Onyango maintains that Raila Odinga, as the son of Jaramogi Oginga Odinga, was a strong adherent of Luo traditions and that his burial should reflect that heritage. He is asking the court to declare the government’s funeral program unconstitutional and to compel that Luo customary rites be observed.
The case will be mentioned on October 23, 2025, before Justice Mwita for further directions
