A Kenyan businessman wanted by Rwanda Authorities over fraud has moved to court seeking to block his extradition.
Nathan Loyd Ndungu also wants the High Court to quash the Interpol Red Alert Notice issued against him.
The notice is registered under file number RONPJ011005568/S1/11/GS/MA or case file reference:RONPJ:011005688/S1/11//GS/MA with Interpol.
Through lawyer Nicolas Nyamai, the applicant also wants the government prohibited from extraditing him to Rwanda.
“An order of prohibition prohibiting the government from extraditing the applicant to Rwanda or any other place outside the jurisdiction of the court,” lawyer Nyamai said.
In addition, Ndungu wants the high court to stop the agency from arresting, filing, registering or preferring any criminal charges. He also wants them stopped from commencing or proceeding with any criminal proceedings instituted anywhere against him in execution or enforcement of the notice.
Ndungu was arrested on 31st December 2021 at Jomo Kenyatta International Airport on the Interpol Red Notice issued against him.
According to court documents, the applicant was detained at various police stations prior to arraignment in court on 2nd February.
“The aforesaid detention was illegal, malicious, unreasonable, based on ulterior motives and an abuse of power by police, DPP, AG, Interpol and AG Rwanda.
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He was later informed that he was required to serve a criminal sentence in Rwanda.
“At the time of my arrest and ill-detention there was no warrant of arrest issued by a competent court in Kenya or an extradition request,” Ndung’u stated.
He avers that there were no extradition proceedings that had been initiated against him in Kenya that could warrant detention.
Stop extradition as debt is paid
The applicant claims that he was detained ostensibly on the basis of alleged criminal proceedings relating to the development and sale of some houses. The houses were built by his company (DN International) in Rwanda.
He told the court that the said housing project was the origin of the issues in court. This is because it faced a financial crisis due to the mortgage law shift in Rwanda that brought the company to its knees.
Ndungu further adds that, in spite of the aforesaid financial challenges the debt owed was fully paid off. Also, a settlement agreement duly signed on 22nd August 2012 by the aforesaid company.
According to Ndungu, the government of Rwanda which was represented by the Justice Minister and the issue arising from the debt by his company is civil in nature. However, the same were maliciously turned into criminal issues.
“The said housing development project and sale were civil transactions governed by the law of contract between the parties. At no given time did the same morph into a criminal enterprise that could warrant criminal proceedings,” Ndungu noted.
Ndungu claims that the Red alert was issued against him on 24th February 2012. This was long before the said settlement agreement was entered into in August 2012 hence his arrest.
He is also seeking to be compensated for damages suffered as a result of the said Interpol Red Notice.
