Justice Anthony Ndung’u issued the order barring the police or any state agency from arresting Mr Nathan Loyd Ndung’u, pending the determination of a petition he has filed before the High Court.
The Kenyan businessman is wanted in Rwanda over alleged fraud linked to a housing scheme in 2012. He moved to court in February to challenged warrants issued for his arrest and red alerts issued by Interpol.
The court later issued summons for him to appear but the businessman said he was apprehensive that the police would arrest him because there was no order stopping his arrest.
“That the state or any agencies of the state shall not arrest or detain the applicant upon his appearance in court and all parties are to await the outcome of the present application and preliminary objection before adverse action is taken,” the court ruled.
Mr Ndung’u is set to appear before the Judge on May 11.
The businessman who also holds American citizenship was arrested when he landed in the US on January 31 and was presented before a Nairobi, where the prosecution applied to have him detained pending extradition proceedings.
A Nairobi magistrate later released him after he posted a bond of Sh1 million. The fugitive is wanted in Rwanda to serve a five-year prison term after he was found guilty of fraud and defrauding property buyers.
He was tried in absentia, convicted, and sentenced on September 27, 2012.
Mr Ndung’u was charged on October 18, 2011, but fled Rwanda. He was listed on Interpol’s Red Notice in 2012. He said his lawyer challenged the judgment but it was dismissed because he did not appear in person.
He later moved to the High Court to challenge extradition and lifting of the red alerts. In the latest application, Mr Ndung’u says the proceedings before the court being civil in nature the court has no basis to summon him to appear before the judge.
He also protested that the court declined to grant him any orders before the issue of jurisdiction is determined.
Mr Ndung’u says the impression is that the court is biased against him or it is not giving all parties a fair playing ground.
He challenged plans to take him to Rwanda arguing that the proceedings relating to the development and sale of some houses that his company called DN International had developed in Rwanda, were civil in nature but have since turned into a criminal case.
The businessman further adds that the debt was fully paid and a settlement agreement was duly signed on August 22, 2012, by DN International and the government of Rwanda, which was allegedly represented by the Justice Minister.
Subscribe to view notification of our daily news