BY SAM ALFAN.
A businessman wanted in Rwanda for fraud linked to a housing scheme in 2012 has moved to the High Court to block his extradition.
Nathan Loyd Ndungu wants the high court to prohibit the government from extraditing him to Rwanda or any other place outside Kenya.
Through lawyer Nicolas Nyamai, the businessman wants the court to quash Interpol Red Notice issued against him by the government of Rwanda.
He further wants IG, DPP and Magistrate Court in Milimani stopped from acting, executing or enforcing the notice or commencing criminal proceedings against him.
Through lawyer Nyamai, he also seeks to be compensated for damages suffered as a result of the said Interpol Red Notice.
According to the documents filed in court, on the evening January 31 this year he jetted into Jomo Kenyatta International Airport in Kenya from overseas medical treatment trip and after he presented his passport to immigration desk and the same was detained ostensibly on the basis there was an Interpol Red Notice.
He was arrested and detained on various police stations and he was arraigned in court on February 2, when he was informed that he was required to serve a criminal sentence in Rwanda.
He adds that the aforesaid detention was illegal, malicious unlawful, unreasonable based on ulterior motive and an abuse of power by police, DPP, AG, Interpol and AG Rwanda.
“At the time of my arrest and ill detention there was no warrant of arrest issued by competent court in Kenya or an extradition request or extradition proceedings that had been initiated against him in Kenya that could warrant detention”, says in his court documents.
He further claims that he was detained ostensibly on the basis of alleged criminal proceedings relating to the development and sale of some houses that his company called DN International had developed in Rwanda.
Ndungu says the housing project was the origin of the issue s before court because it faced financial crisis due to the mortgage law shift in Rwanda that brought his former company to its knees.
The businessman further adds that, in spite of the aforesaid financial challenges the debt owed by DN International was fully paid off and settlement agreement duly signed on August 22,2012 by the aforesaid company and the government of Rwanda.
He said the government of Rwanda wa represented by Justice Minister and the issue arising from the debt by DN International were civil in nature but the same have been maliciously turned into criminal issue.
Ndungu said the housing development project and sale of the said houses was civil transactions governed by the law of contract between the parties and that at no given time at all did the same morph into a criminal enterprise that could warrant criminal proceedings.
“The issues relating to the said housing development project were successfully negotiated and settled by the DN International the developer and Government of Rwanda which was represented by the minister of justice and Rwanda Development Board in the year 2012 and settlement agreement was entered into all government relevant agencies and DN International on August 22,2012,” adds Ndungu.
He also adds that the said Interpol Red Notice was issued was issued against him on February 24, 2012 and this was long before the said settlement agreement was entered into August 2012hence his arrest of January 31, 2022.
The mmatter will be mentioned tomorrow before Justice Antony ndungu for further directions.
