- A Luo elder doubts that the late Raila Odinga left a while stipulating his burial within 72 hours
- Michael Onyango filed a petition at the High Court in Nairobi seeking to have the burial scheduled for Sunday, October 19, deferred until
- Onyango argues that having Raila interred in 72 hours will limit his community from mourning and giving him a befitting send-off
The High Court has declined to stop Raila’s burial as sought by a Luo man who petitioned the court arguing that there was no witness account to corroborate the allegations that the deceased ODM leader wanted to be buried within 72 hours.
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The petitioner, Michael Onyango Otieno, argued that the burial would violate Luo customs and traditions, and select provisions of the constitution.
“The arrangements do not factor in the late Raila Odinga’s stature as a huge adherent to the traditions of the Luo community including aspects such as “tero yuak” which is critical to the interment of men of the Luo descent,” he said.
He further argued that having Raila buried in 72 hours would deprive his kinsmen time to mourn and arrange a beffiting send-off commensurate with his stature.
This, according to the petitioner, will be against Raila’s cultural rights.
“Inter the body of the late Raila Amolo Odinga’s caliber so quickly denies the general Luo Communities in Africa an opportunity to give him a befitting sendoff which he religiously adored during his 80 years of life particularly his adult life and even more admirably as an icon and a political leader,” he said.
The petitioner is not convinced that there is a will stipulating his interment done within 72 hours.
He suggested the mention of the will was deliberate to proceed with the hastened burial, perhaps contrary to Raila’s wishes, as there is no proof thus far.
“His alleged wishes to be buried within 72 hours of his death have not been corroborated by any witnesses. This scrambles the customary choreography of grief and undermines Article 44 of the Constitution. This will be contrary to Luo customs,” he said.
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Onyango averred that other eminent people like the late Jomo Kenyatta, Mwai Kibaki, Tom Mboya among others, had their send-offs carried out with in full scope without limitations for time.
He argued that Raila features in the same level as the aforementioned people, and therefore his burial should not be huried.
Onyango asserted that Raila was a staunch adherent of Luo cultures which he suggested does not accomodate hastened send-offs, especially for such towering figures as Raila.
The elder listed 14 respondents against whom he filed the petition, including the family of the late Raila, Attorney General, Deputy President Kithure Kindiki and the national funeral committee.
He presented various prayers to the court.
Onyango prayed that the court declares that the burial of Raila as unconstitutional, and another declaration that the burial within hours violates Article 44 of the Constitution, 2010, and other relief the court may choose to grant.
But Justice Chacha Mwita dismissed the petition, arguing that its owner had failed to prove the need to have the burial stopped.
The judge ruled that further directions would be issued on October 23.
Source: TUKO.co.ke
