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.
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.
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