A lawyer has written to the Ethics and Anti-Corruption Commission (EACC) to investigate two Ministry of Lands officials.

Beba Freight, through its lawyer James Oketch, wants the anti-graft body to probe Mark Wanderi and Gordon Ochieng over alleged inconsistencies and perjury.

The two swore affidavits in a land dispute involving the company, Bharat Ramji Manji, Young Moon Choi, LandMark Freight Services Limited, and the Land Registrar of Titles Nairobi.

Beba Freight and Manji, Choi and LandMark Freight are in court fighting over the piece of land L.R Number 20163, which they claim was illegally transferred to the three.

According to Oketch, the transfer was allegedly aided by the Ministry officials, adding that their clients have been threatened with arrest, incarceration, prosecution and blackmail.

The lawyer says that Wanderi swore an erroneous affidavit claiming that the land is L.R Number 20163 and the suit property is L.R Number 21068.

He argues that the transfer in Wanderi’s affidavit is dated April 30, 2013, yet the transfer attached by Ochieng is dated December 16, 2011.

Oketch further claims that the transfer that Wanderi allegedly oversaw shows that it was executed by Beba Freight’s directors, namely Muthui Robert Ndung’u and Erick Kiptanui Naibei, yet the two have never been part of it.

According to a 1991 CR12 attached in the letter to EACC, Beba directors are Atek Otech Richard, Bernard Otieno Malo and John Gitau Ngumi.

The lawyer claims that in Ochieng’s affidavit, he stated that title documents were prepared in 2013, but in another section, he claims that the transfer happened on December 16, 2011.

Oketch further alleges that in another section of the affidavit, Ochieng claims that the land in question is I.R Number 143069, and in another, the I.R Number is 8940/1.

The lawyer tells EACC that the transfer document attached by Manji, Choi and LandMark Freight in the court case was never franked and assessed for stamp duty.

Oketch argues that the transfer that was attached in his affidavit is dated December 16, 2011, yet his colleague from the Ministry of Lands, Wanderi, in his affidavit said that the transfer was done on April 30, 2023.

He claims that the above inconsistencies demonstrate a clear case of fraud discovered by Beba, which points to alleged collusion with officials from the Ministry to defraud them.

“How can two different Lands officials swear two affidavits bearing two different property details related to the same premises?” He poses.

Oketch further alleges that since there are differences in the documents attached by Ochieng and Wanderi regarding the same piece of land, they might be fraudulent.

He claims that Wanderi and Ochieng have acted contrary to the national values and principles of the constitution.

Oketch says that the actions of the two are in violation of the provisions of the Public Service Act 2015.

The lawyer asserts that the two broke the law.

He says that the attachment of affidavits from the two is meant to mislead the Environment Court to rule in favour of Manji, Choi and LandMark Freight.

“Additionally, the actions of the two officers from the Ministry of Lands i.e Wanderi Mark Muigai and Gordon O. Ochieng, are contrary to Sections 19 of the Leadership and Integrity Act.”

Oketch says that their actions attract a criminal as per the Penal Code.

“As a result, we write to your office requesting that civil, disciplinary and criminal action be taken against the two officers from the Ministry of Lands to avert any further prejudice from being occasioned against our clients.”