 The two defendants appeal against this ruling was allowed by the Court of Appeal, which ordering a full hearing of the issues before another High Court judge.The High Court’s judgement was that there was no specific Kenyan statute or common law on burial, and the Kenyan courts were obliged to consider customary law if at least one party to a case was subject to or affected by it.If Otieno was subject to Luo customary law, he should be buried according to Luo customs as outlined by the clan.