BY SAM ALFAN.
A Kenya ln businessman wanted in Rwanda to serve five year jail term over fraud has moved to the High Court to block his intended arrest and extradition.
In a case filed under certificate of urgency, Nathan Loyd Ndungu wants to be issued with anticipatory bail, pending arrest or charging.
Through lawyer Nicolas Nyamai, the businessman sought conservatory orders restraining the Director of Public Prosecution, Director of Criminal Investigations and Attorney General from arresting him.
“A day be appointed for the Applicant to appear at any Police Station together with his counsel to enable the police undertake their procedures including charge and cautionary statement (if necessary) without being taken into custody,” Ndungu said in the application.
He argues that the police have abused their powers by planning to arrest by intimidating and oppressing him.
The businessman said the action of arresting him even without a warrant for his arrest yet he is on recovery after undergoing surgery is unfair.
Lawyer Nyamai argues that that if Ndungu has to face any arrest in the future, the same should be exercised in accordance with the law and in a manner not in breach of his rights.
“The applicant is entitled to the constitutional protection of his rights and freedoms including the right to liberty and fair treatment under the law,” he said.
He adds that the police officers stated that they were under instructions to arrest him in relation to some extradition orders from Rwanda and similar sinister action was subjected to him while in Dubai but it was thrown out by the prosecution team.
He adds that while awaiting the ruling for bond in custody at Gigiri Police Station, he suffered extreme difficulties as he is recovering from an operation he underwent on December 27, last year.
Ndung’u says he was hospitalized for two weeks before being discharged to come and recover back home.
According to the court documents, the businessman claims that part of his recovery procedure entails him to lie down constantly and breath through the aid of a machine.
“I also suffer from sleep apnea and I struggle in breathing during the attacks. I have also suffered speech and swallowing related dysfunction as shown in the attached medical summary marked,” he said in an affidavit.