High Court Judge Chacha Mwita has declined to stop the burial of former Prime Minister Raila Amollo Odinga.

This is after Michael Onyango Otieno moved to court under a certificate of urgency to challenge the 72 hours set for Raila’s burial.

Justice Mwita ruled that the applicant had not demonstrated the that the ongoing burial arrangements were being conducted contrary to the wishes of the deceased, and therefore the court could not act on the request for conservatory orders at this stage.

The judge directed that the pleadings be served upon the State and Lee Funeral Home and set the matter for directions on 23rd October 2025.

In the petition, the applicant seeks a declaration that the burial of the late Rt. Hon. Raila Amolo Odinga within 72 hours, as decreed by the 2nd Respondent, is unconstitutional and violates Article 44 of the Constitution, which protects the right to participate in cultural life and practices of one’s choice.

The petition is anchored on several constitutional provisions, including Articles 2, 3, 10, 19, 20, 21, 22, 23, 24, 27, 28, 32, 44, and 258, which collectively uphold the supremacy of the Constitution, the protection of human rights, and the right to defend and enforce constitutional freedoms.

The matter will be mentioned on 23rd October 2025 for further directions.