Kenyan-American Businessman Moves to Court to Stop Extradition to Rwanda

Kenyan-American businessman Nathan Loyd Ndung’u has moved to court seeking to stop his extradition to Rwanda and quashing of a red alert issued against him by Interpol.

Ndung’u, who is wanted in Rwanda for fraud, was arrested at JKIA upon arrival from John F. Kennedy International Airport in New York on January 31st. He was arrested by officers from INTERPOL National Central Bureau, Nairobi on a Red Notice Alert issued in 2012.

Ndung’u, a dual citizen of Kenya and the US, was arraigned at Milimani law courts where Senior Principal Magistrate Bernard Ochoi released him on a Sh1 million bond and a surety of a similar amount pending extradition proceedings.

The court dismissed an application by the Office of the Director of Public Prosecutions (ODPP) seeking to detain the fugitive for 21 days as they wait for the extradition request from Rwanda.

In an application filed at the High Court, Ndung’u says his arrest and detention was illegal, malicious, and unreasonable, arguing that it was based on ulterior motives and abuse of power.

“There is no basis for the applicant to be unreasonable and maliciously harassed by the government of Rwanda and he urges this honorable court t urgently intervene because his life is under threat from the said government,” his lawyer says in court documents. 

The lawyer accuses Rwanda of misusing the Interpol red notice to harass and intimidate his client, adding that Ndung’u fears it will be used to arrest him and thereafter kill him. 

He argues that the proceedings relating to the development and sale of some houses that his company DN International developed in Rwanda were civil in nature but have since turned to criminal.

Ndung’u further claims that the debt was fully paid and the settlement agreement duly signed on August 22nd, 2012, by DN International and the government of Rwanda.

“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,” he adds.

He argues that the Interpol red alert notice was issued against him on February 24th, 2012, long before the said settlement agreement was entered into August 2012.

“The efficacy or implications of the said judgment was overtaken by events as the said settlement agreement rendered the said judgment null and void,” his lawyer states.

The public prosecution in Rwanda charged Ndung’u with the offense of selling a property belonging to another person on October 18th, 2011. On September 27th, 2012, a court in Rwanda tried him in absentia and convicted him of selling property belonging to another person, coupled with fraud as well as deceit. He was sentenced to five years in prison.