A long-running land dispute in Siaya County has escalated to the national stage, with the Senate and the Office of the Ombudsman now involved in a case that pits a local resident, Mr. Francis Otieno Otieno, against the County Government of Siaya over alleged destruction of sugarcane crops.

The Senate Committee on Roads chairman, Sen. Eddy Oketch implored, “This is a serious matter and we should find solution since the Governor is in this meeting.”

He further made a ruling allowing the petitioner Mr. Otieno Otieno to present his petition in his native language and an interpreter was provided since he claimed that he is not fluent enough in English language.

Mr. Otieno claims that road construction activities damaged his crops along Bar-Osimbo and Pap-Oriang roads, adjacent to the parcel of land registered as SIAYA/PAP-ORIANG/428. 

He alleges the works were carried out by a contractor under the instruction of the County Government’s Department of Public Works, Roads, Energy, and Transport.

In response, the County Government strongly denied any involvement in the alleged works. In a detailed submission to the Senate Standing Committee on Roads, Transportation, and Housing.

“The County Government of Siaya confirms that it did not engage in, instruct or authorize any individual or firm to undertake roadworks along Bar-Osimbo and Pap-Oriang roads or adjacent to the parcel of land known as SIAYA/PAP-ORIANG/428.” Explained Siaya Governor James Orengo.

Additionally, the county emphasized the absence of any documentary link to the alleged works:

“No official contract, procurement document or completion certificate exists linking the Department of Public Works, Roads, Energy and Transport to any such works.” He asserted. 

The case reached the Commission on Administrative Justice (CAJ), which issued a Determination on 1st August 2024. The CAJ directed the county to report on steps taken toward implementing remedial action. In a letter dated 20th December 2024, the Commission warned:

“The Commission shall report to Parliament which shall take an appropriate action,” if the county failed to comply.” The Ombudsman said in a letter to the Siaya County Government. 

But the County maintains the claims are baseless, stating that the allegations contained in the petition lack any legal or factual basis, and the petitioner has not presented any admissible evidence to support his claim.”

The County further informed the CAJ that the complainant had been asked to submit a copy of a purported written agreement with the alleged contractor by 30th November 2023. However, the complainant had not responded by the time of reporting.

Citing public resource stewardship and the absence of formal procurement processes, the County argues it cannot act on private compensation agreements unrelated to authorized government projects.

As the dispute drags on, the Governor appealed to the Senators,

“We respectfully urge the Senate Standing Committee on Roads, Transportation, and Housing to dismiss the petition in its entirety.”

The standoff highlights deeper governance concerns in devolved units, particularly the difficulty of assigning liability in public infrastructure disputes, and the challenges citizens face in proving unofficial or undocumented activity on their land.

In the meeting, Vice Chairman Dr. Lelegwe Ltumbesi, Enock Wambua, Mohammed Chute, John Kinyua, Peris Tobiko, Miraj Abdillahi and Crystal Asige were present.