Why Raila Odinga Is Being Given a State Funeral – The Law Behind It

The news that the late Raila Odinga is being accorded a state funeral has generated widespread interest: many Kenyans (and international observers) are asking why this level of honour is being applied, and what the law behind it is.

This article provides a comprehensive guide to the concept of a state funeral in Kenya, how the decision is made, the legal (and customary) frameworks, and how Raila Odinga qualifies under those criteria.

What is a “State Funeral”?

The term “state funeral” refers to a public ceremony held by a country to honour a person of high national importance. In the Kenyan context, a state funeral typically involves certain visible features:

• A national period of mourning, with flags at half-mast.
• The body is lying in state/presented for public viewing (often in or near Parliament) so citizens can pay their respects.
• Military and/or official honours (e.g., gun salute, military procession) in recognition of national service. 
• A proclamation by the President (or the government) that this person will receive the honour.
• A funeral and burial that combine national symbolism with respect for the individual’s faith/tradition and family wishes.

However — and importantly — Kenya does not (yet) have a single statute that codifies all the procedures and eligibility for which individuals receive a state funeral. According to one recent analysis:

“While many of the protocols surrounding State Funerals are well-established by tradition and executive practice, Kenya does not as of now have a single law that fully codifies the requirements and procedures.”

In other words, A state funeral is largely driven by custom, precedent, and the discretionary decision of the sitting President/government rather than by a clearly defined law that applies to all cases.

Who Qualifies for a State Funeral in Kenya?

Because of the lack of a fully codified statute, eligibility is partly determined by precedent and by government proclamation. But some media sources and analysts outline typical criteria.

Typical categories of eligibility

According to a media explainer:

“In Kenya, a State funeral is reserved for sitting or retired Heads of State and Chiefs of Defense Forces (CDF). For any other person to be honoured, the Defence Council must authorise it.”

So, the usual classes include:

• Sitting or former Presidents of Kenya.
• Chiefs of the Defence Forces (the top military leadership).
• Persons of exceptional national contribution (where the government decides to make a special case).

The discretionary nature

Because the system is not fully codified, the decision to accord the honour to someone outside the usual categories is made by the President (or via a special proclamation) and may involve the Defence Council or other high-level approval.

One article summarises:

“A State Funeral in Kenya is a public ceremony intended to honour individuals of national significance.” 

Thus, even if someone is not a former President, the government may decide that their contribution merits a state funeral.

Why Raila Odinga Is Being Given a State Funeral

With the above framework in mind, let’s examine why Raila Odinga qualifies (and was granted) a state funeral by the Kenyan government.

His national significance

Raila Odinga has been one of Kenya’s most influential political figures for decades:

• He served as Prime Minister of Kenya (2008–2013) and has held major leadership positions.
• He ran for President multiple times and played a prominent role in Kenya’s transition to multiparty democracy.
• He was widely regarded as a “father of democracy” and a national figure whose contributions extend beyond a single constituency.

Due to this level of national impact — not just a regional or partisan figure — the government judged that his passing merits the highest national honour: a state funeral.

The government’s proclamation

After his death on 15 October 2025 in India, the President declared seven days of national mourning and announced that Odinga would receive a state funeral. 

The alignment of these facts shows consistency with the precedent of state funerals in Kenya.

Precedent and special case

While Odinga was not a President or a Chief of Defence Forces, the government went ahead and treated him as a person of exceptional national importance. This mirrors earlier instances where non-Presidents but major national figures (e.g., Nobel laureate Wangari Maathai) were given state funerals.

Thus, this is not without precedent: the mechanism — Presidential proclamation and the special status of the person — is consistent with past practice.

What the Law Says (and What It Doesn’t)

Legal framework

While there is no single “State Funeral Act” in Kenya, there are relevant legal and constitutional elements:

• The Constitution names the President as head of state and government, which gives him the authority to make proclamations in the national interest (Article 131 of the Constitution).
• Administrative law and precedent show that once the President issues a proclamation (or the government approves), state funeral proceedings can be implemented by the relevant ministries and organs (e.g., the Ministry of Interior, Defence).
• A scholarly paper argues for constitutionalisation of state funeral procedures: it notes“The decision on what to be done lies solely on the sitting president… the constitution should clearly indicate the office to announce the demise of not only the president but other senior government officers.”

Gaps in the law

• No statute sets out exact eligibility criteria or exact procedural steps for every state funeral.
• There is variation in practice: different state funerals have had different durations of lying in state, different venues, and different honors. The absence of standardisation means some inconsistency across cases.
• Because eligibility beyond Presidents and Chiefs of Defence is not clearly defined, the decision remains largely discretionary.

The role of the Presidential Retirement Benefits Act?

Some commentary (including in the video you referenced) mentions the Presidential Retirement Benefits Act as relevant to benefits after office, but this Act does not appear to explicitly cover state funeral entitlement.

The underlying legal basis remains the Presidential prerogative and national protocol. For example, a social-media-posted commentary cites advocate Danstan Omari, who discusses this Act in relation to eligibility.

The State Funeral Procedure

Although not fully codified, past state funerals show some common phases:

1. Announcement and mourning period
   When the individual passes away, the President issues a proclamation declaring national mourning (flags at half-mast, possibly a public holiday).
   Example: For Odinga, seven days’ mourning were declared.
2. Lying in state / public viewing
   The body is laid in a public venue (often Parliament or a stadium) so citizens can pay their last respects.
   Example: Odinga’s body reportedly lay in state at Parliament before the funeral.
3. Funeral ceremony with official honours
   The funeral takes place often at a large stadium, involves official speakers, dignitaries, military/official procession. For example, full military honours may be accorded if eligible.
4. Burial
   The final interment often respects the family’s wishes and may take place in the person’s home region. Example: Odinga’s burial interment site is at his rural home in Bondo, Siaya County.
5. Documentation and commemoration
   After the ceremony, the government may publish details, raise a memorial, and the public reflects on the person’s legacy.

Final Thoughts

The decision to give Raila Odinga a state funeral is rooted not just in his death but in his life of national service and leadership. While Kenya’s “state funeral” protocol is not laid out in one comprehensive law, the government has long used presidential proclamation and national practice to honour individuals whose contribution to the country is deemed exceptional. As citizens, understanding this framework helps us appreciate both the symbolism and the mechanics behind such state honours.

If you like, I can also pull up a timeline comparison of past state funerals in Kenya (including cost, duration, protocol) so you can see how Odinga’s event aligns with or differs from precedent. Would you like me to do that?