- According to court documents, Rwanda issued a red alert against him 10 years ago in February 2012 after he was tried, convicted and sentenced in absentia.
- However, through his lawyers Danstan Omari and Cliff Ombeta the businessman has opposed the application for his detention.
Image: FILE
The Kenyan government has asked the court to detain a Kenyan businessman alleged to have fled Rwanda where he was convicted and sentenced to five years for fraud.
Nathan Loyd Ndungu, who holds dual citizenship in the US and Kenya, was arrested over the weekend as he jetted back from the US.
According to court documents, Rwanda issued a red alert against him 10 years ago in February 2012 after he was tried, convicted and sentenced in absentia.
“He was tried in absentia where the Rwandan court convicted him in absentia for selling property belonging to another person coupled with fraud as well as deceit and sentenced him to five years’ imprisonment,” court papers said.
Ndungu was arraigned before senior principal magistrate Bernard Ochoi on Wednesday where the state asked for 21 days to detain him as they wait for the extradition request from Rwanda.
The court heard that the Republic of Rwanda indicated they are in the process of forwarding the formal extradition request to the Republic of Kenya against Ndungu.
The court was also told that, if released, he might go back to the US and it will be hard to extradite him since Rwanda does not have an extradition treaty with the US.
Senior assistant Director of Public Prosecutions Catherine Mwaniki pleaded with the court to allow their application, saying Kenya should not be seen as shielding fugitives of other countries.
The court was told that Rwanda has no extradition treaty with the US and if he returns there is a possibility of the Republic of Kenya failing in its treaty obligations being a comity of nations.
Mwaniki further said Kenya has porous borders and Ndungu depositing his passport in court is not a guarantee that he will not leave the country.
However, through his lawyers Danstan Omari and Cliff Ombeta, the businessman has opposed the application for his detention.
Omari asked the court to release their client on bail saying he is unwell and needs a machine to be able to breathe. He told court that the machine was even in court.
The lawyer further claimed that there is a settlement agreement between Fina Bank and Government of Rwanda over the same issue and everything has been paid in full.
Ombeta said Ndungu was arrested as he was coming back which shows that he was not hiding as had been alleged by the state.
He urged the court to dismiss the application by the prosecution, saying other countries always protect their own, while in this case Kenya was willing to hand Ndungu over to Rwanda.
In the affidavit filed in court, chief inspector Walter Marunga said Ndungu was arrested at JKIA where he had landed from the US
They were informed by the Rwandan Embassy, through a copy of the intended extradition request to Kenya, that indeed he was wanted in Rwanda.
The court will deliver ruling on Friday this week whether it will allow the application for the detention or release him on bail.
(edited by Amol Awuor)