A fierce constitutional battle is brewing in Siaya after a local environmental rights lobby moved to court seeking to compel the county government to operationalize long-delayed village councils.
The Acacia Community Development Association and its Chief Executive Officer Dr. David Walter Odede Oremo have filed a petition at the High Court of Kenya in Siaya, accusing the county of violating the Constitution by failing to implement grassroots governance structures created in law five years ago.
At the heart of the dispute is the Siaya County Village Administrative Units Act, 2020, which established 98 village units meant to anchor public participation, climate action and local development planning.
The petitioners argue that despite the law being in force since 2020, the county has neither appointed village administrators nor constituted village councils — creating what they term a “governance vacuum” at the grassroots.
They have sued multiple county officials, including James Orengo, the County Executive Committee Member for Public Service and Devolution, the County Public Service Board, the County Secretary, the Clerk of the County Assembly and the County Assembly itself. The Office of the Attorney General has been listed as an interested party.
In the petition, the lobby claims the inaction violates key constitutional provisions on devolution, public participation, socio-economic rights and environmental protection.
They argue that without functional village councils:
Communities lack structured forums to influence county planning and budgeting
Climate action cannot be effectively localized
Delivery of basic services tied to Article 43 rights is undermined
Environmental management at the village level is weakened
The petition heavily relies on the Climate Change Act, 2016 and the County Governments Act, 2012, which require decentralization of services and public participation mechanisms.
The applicants want the High Court to issue a declaration that the county’s failure is unconstitutional and unlawful.
They are also seeking:
An order of mandamus compelling the County Public Service Board to appoint village administrators within 90 days
A further order forcing the county to constitute and operationalize village councils within 120 days
Mandatory compliance reporting to court within 150 days
Costs of the petition
The petitioners say they had earlier issued a notice to the county on February 16, 2026 and even announced voluntary interim committees, but received no response.
Legal observers say the case could become a landmark test of how far courts can go in compelling counties to fully implement devolved governance structures.
If successful, the suit may trigger similar litigation across counties that have struggled to operationalize village units — a key but often neglected layer of Kenya’s devolution framework.
For Siaya residents, however, the case is more immediate.
“This is about restoring the people’s direct voice in governance and protecting environmental and socio-economic rights at the grassroots,” the petition states.
The county government had not publicly responded to the suit by the time of publication.
