Court has declined to issue an order to stop the burial of former Prime Minister Raila Odinga, which was scheduled to happen on Sunday, October 19, 2025.
This came after a man had moved to court to stop the quick burial of the stateman, arguing that it goes against Luo customs and traditions.
According to Justice Chacha Mwita, the petitioner did not demonstrate that the process undertaken was contrary to the wishes of the deceased to enable the court to act on the request for the conservatory orders. He also expressed his dissatisfaction with the urgency of the matter.
"This matter coming up for directions on the Notice of Motion and Petition, both dated 16th October 2025 before Honourable Justice E C Mwita and upon considering the pleadings, I am not satisfied on the urgency of this matter," he ruled.
"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," the statement by the court added.
Odinga is set to be buried on Sunday, October 19, as per his wishes to be laid to rest 72 hours after his passing.
According to court documents, the man argued that before his death, Odinga was deeply committed to Luo’s traditions.
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He stated that in 2020, Odinga was crowned as an elder by the Luo Council of Elders in Bondo, Siaya County.
According to the petitioners' arguments, Odinga should be buried with honour and respect that befits a Luo warrior and rushing the burial goes against his legacy.
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He compared Odinga’s stature to that of Jomo Kenyatta, Mwai Kibaki and Tom Mboya, who were given elaborate send-offs stating that it reflected their contributions.
He further stated that the alleged wish to bury him within 72 hours had not been confirmed by any witnesses, claiming that such would disrupt the cultural mourning process.
The man said that a rushed burial would violate Article 44 of the Constitution, which protects cultural rights.
