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The Supreme Court has chosen not to stop the order requiring the interment of the late former Prime Minister Raila Amolo Odinga within 72 hours.

On Thursday, October 16, 2025, Judge Chacha Mwita determined that the applicant had not provided enough evidence of urgency to warrant prompt action.

In his decision, the judge also mentioned that the applicant failed to demonstrate that the burial procedure was being carried out against the deceased’s desires.

“Having reviewed the submissions, I do not find the matter urgent enough. The applicant has not shown that the process is being carried out against the deceased’s intentions, which would justify this court granting the conservatory orders,” he noted.

This comes after a petition submitted by Michael Onyango Otieno, who requested a ruling stating that interring Raila Odinga within 72 hours breaches the Constitution.

The applicant claimed that the quick burial violates Article 44, which ensures each individual the right to engage in the cultural life of their community.

He stated that Raila Odinga was a firm follower of Luo customs, including thetero yuaka significant ceremony for burying men of high status in the Luo community.

The applicant claimed that a hasty interment prevents the larger Luo group from offering him a proper farewell, one that honored his life and impact.

The petition also mentioned that the former Prime Minister was honored as a Luo warrior in 2020 at an event led by the Luo Council of Elders in Bondo, Siaya County, a position he accepted.

In late 2023, a new council chairman, Odungi Randa, was appointed in Kisumu, with the ceremonies supported by the late individual.

The applicant highlighted that leaders of comparable standing, such as Jomo Kenyatta, Mwai Kibaki, and Tom Mboya, were given grand funerals that became a lasting part of their heritage.

He asked if the deceased’s claimed desire to be buried within 72 hours had been confirmed by any witnesses.

As stated in the petition, a quick burial would interfere with traditional customs of sorrow and remembrance, weakening both Luo cultural practices and constitutional safeguards.

The Supreme Court, nevertheless, determined that the arguments submitted failed to satisfy the criteria for immediate action.

The court permitted the burial to continue, with the main issues presented in the petition to be discussed at the hearing on October 23.

The order is issued as thousands of grieving individuals have assembled at Kasarani Stadium in Nairobi to pay their respects to the body of the former Prime Minister.

The ceremony was presided over by President William Ruto, who arrived with Mama Ida Odinga and members of the Odinga family.