Nathan Loyd Ndungu, a Kenyan businessman wanted in Rwanda to serve a five year jail term for fraud has moved to court seeking to suspend any intended arrest against him.
Through lawyer Nicolas Nyamai, Ndungu wants interim conservatory orders restraining the DPP, DCI and Inspector General from arresting him.
He further wants the court to appoint a day for him to appear at any police station for police procedures. In addition, he wants the court to issue him with an anticipatory bail pending his arrest or charging.
“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,” lawyer Nyamai submitted.
The applicant argues that the police have abused their powers of arrest by intimidating and oppressing. This is through their actions of arresting him without a warrant of arrest yet he is undergoing recovery after surgery.
Ndungu states that he underwent surgery on 27th December 2021. He was hospitalised for two weeks before being discharged to recover from home.
“While awaiting the ruling for bond in custody at Gigiri Police Station, I have really suffered extreme difficulties in going through my recovery,” Ndungu states.
Extradition
He adds that the police officers stated that they were under instructions to arrest me in relation to some extradition orders from the Republic of Rwanda and similar sinister action was subjected to me while in Dubai and the same were thrown out by the prosecution team.
Lawyer Nyamai submitted that if his client has to face any arrest in the future, it should be exercised in accordance with the law. It should also be in a manner not in breach thereof with safeguards being given against arbitrariness.
The businessman claims that part of his recovery procedure entails him to lie down constantly. He also notes he needs machine aid to breath and has to be laying down in an elevated position.
Nathan Loyd Ndungu was charged in absentia with fraud and sentenced to five years in jail in Rwanda in 2012.
An interpol Red Alert notice was then issued against him.
Ndungu was arrested by Interpol on 31st January 2022 at Jomo Kenyatta International Airport upon landing from the USA.
He has since been fighting his extradition to Rwanda.
