DPP wants trader Nathan Loyd Ndung’u jailed in Rwanda for fraud
Nathan Loyd Ndung’u at the Milimani Law Courts on February 2, 2022 where the state applied to detain him for 21 days to enable him to be extradited to Rwanda to serve a jail term of 5 years.
A businessman being sought by the Rwandan government to serve a five-year jail term for fraud will know his fate on Friday.
Nathan Loyd Ndung’u sold property that was not his in Rwanda 10 years ago then fled the country’s jurisdiction, a court was told.
He was arrested at the Jomo Kenyatta International Airport (JKIA) on January 30, and was detained by police before being presented before Milimani Senior Principal Magistrate Bernard Ochoi for the extradition proceedings.
Mr Ochoi directed Ndung’u be remanded at the Gigiri Police Station until tomorrow (Friday, February 4), when he will determine whether or not to order his detention for 21 days to await the arrival of extradition proceedings from Rwanda.
Through State Prosecutor Catherine Mwaniki, the Director of Public Prosecutions (DPP) Noordin Haji on February 2 sought to have Ndung’u detained for 21 days to give time to the government to receive the extradition proceedings from Rwanda.
Pressing for his detention, Ms Mwaniki said the sentence Ndung’u is supposed to serve in Rwanda was passed in absentia 10 years ago.
“The fugitive was arrested on January 30, 2022, vide an Interpol Red Notice Alert issued on February 24, 2012,” the court heard.
Ms Mwaniki said Ndung’u, defended by lawyers Cliff Ombeta and Danstan Omari, was tried and convicted in absentia for selling property belonging to another person, coupled with fraud as well as deceit, and was sentenced to five years in prison.
“The Republic of Rwanda has indicated that they are in the process of forwarding the formal extradition request to the Republic of Kenya,” Ms Mwaniki averred.
Extradition treaty
She added that Rwanda has an extradition treaty with Kenya for repatriation of criminals.
“Kenya is a community country and requires reciprocity for good co-existence,” Ms Mwaniki submitted.
She said the fugitive is a flight risk and should be detained since the Kenyan borders are porous.
Mr Ombeta and Mr Omari opposed the extradition request, saying, “The application is frivolous and vexatious since no evidence has been presented to court from Rwanda for the court to satisfy itself there was a triable case before handing over Ndung’u to the foreign state.”
Mr Ombeta said the DPP had abused the legal norms of extradition proceedings where a complainant state has to approach the receiving state through the Ministry of Foreign Affairs to have the fugitive deported.
The lawyers said the Rwandan and Kenyan authorities had settled the dispute with Fina Bank Ltd.
“This court does not even know whether there were proceedings in the Rwandan Court which meets the Kenyan legal requirements to warrant the repatriation of the Kenyan businessman to serve a jail term,” said Mr Ombeta.
Mr Omari asked the court to decline the DPPs plea until all the legal perimeters are met. He urged the court to free the accused on bond since he was not a flight risk. “Ndung’u is an international businessman who travels quite often … He was aware of the conviction then sent his lawyer to appeal against it but the court declined,” added Omari.
