The High Court has declined to suspend a government directive requiring the burial of the late former Prime Minister Raila Amolo Odinga within 72 hours.

In a ruling delivered on Thursday, October 16, 2025, Justice Chacha Mwita stated that the petitioner had failed to demonstrate sufficient urgency or evidence that the burial was being conducted against the wishes of the deceased.

“Upon considering the pleadings, I am not satisfied with 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,” Justice Mwita ruled.

The petition had been filed by Michael Onyango Otieno, who argued that the accelerated burial timeline violated the Constitution, particularly Article 44, which protects cultural rights.

Otieno contended that Raila Odinga, a revered statesman and prominent Luo elder, was a staunch adherent of Luo traditions including tero yuak, an elaborate mourning ritual accorded to men of great stature in the community.

He further argued that a rushed burial would deny the Luo community an opportunity to give the former Prime Minister a fitting cultural sendoff, reflecting both his life and legacy.

The petition also highlighted Raila’s cultural significance, noting that in 2020, he was crowned a Luo warrior during a ceremony presided over by the Luo Council of Elders in Bondo, Siaya County. In 2023, he personally endorsed the installation of the current council chairman, Odungi Randa, in Kisumu.

Otieno questioned whether the alleged wish for a 72-hour burial had been independently verified by witnesses. He cited examples of elaborate funerals for national figures such as Jomo Kenyatta, Mwai Kibaki, and Tom Mboya, arguing that Raila Odinga deserved a similar national and cultural farewell.

However, the High Court ruled that the petition did not meet the threshold for urgent intervention. The court allowed the burial process to continue as planned, noting that the substantive issues raised will be heard on October 23.

The ruling comes as thousands of mourners gathered at Kasarani Stadium in Nairobi to view the body of the late former Prime Minister. The public viewing ceremony was led by President William Ruto, who arrived alongside Mama Ida Odinga and members of the Odinga family.