Court Allows Raila Odinga’s Burial to Proceed as Planned
The High Court has declined to halt the burial of former Prime Minister Raila Odinga, rejecting a petition that sought to delay his interment.
Justice Chacha Mwita ruled that the petitioner failed to demonstrate any violation of Odinga’s personal wishes or cultural rights to justify issuing conservatory orders.
Judge Dismisses Urgency of Petition
The case was brought before the court on Thursday, October 16, where the petitioner argued that Odinga’s planned burial on Sunday, October 19, went against Luo customs that require extended mourning periods.
However, Justice Mwita stated that the urgency of the matter had not been proven.
“I am not satisfied on the urgency of this matter,” the judge ruled.
He added that there was no evidence showing the burial arrangements were contrary to Odinga’s own wishes.
Burial to Proceed as Planned
Raila Odinga’s burial is set for Sunday, October 19, in accordance with his wish to be laid to rest 72 hours after his passing. His body has been lying in state at Kasarani Stadium for public viewing, draped in the Kenyan flag.
Court documents show the petitioner claimed Odinga strictly followed Luo traditions, requiring burial by customary rites. He cited Odinga’s 2020 coronation as an elder by the Luo Council in Siaya County’s Bondo area. This event confirmed his significant standing and adherence to important cultural customs.
Petitioner Argues for Cultural Honour
The petitioner specifically compared Odinga’s stature to several key national figures: Jomo Kenyatta, Mwai Kibaki, and Tom Mboya. He pointed out that all these figures had previously received elaborate state funerals. The core of his argument was that a quick burial would significantly undermine Odinga’s legacy. Furthermore, he contended that it would violate Article 44 of the Constitution, which is in place to safeguard cultural rights.
He further asserted that no credible witnesses could confirm the alleged 72-hour burial wish. His claim was that this rushed timeline seriously disrupted the mourning process typically observed under the traditions of the Luo culture.
Despite the presented arguments, the court maintained its position. The ruling stated that there was no sufficient basis to justify interfering with the burial arrangements. This decision effectively cleared the way for Raila Odinga’s interment to proceed as scheduled.
