A Kenyan businessman wanted in Rwanda over fraud has moved to the High Court to stop his extradition and quashing of red alerts issued against him by Interpol.

Mr Nathan Loyd Ndung’u, who also holds American citizenship, was arrested when he landed from the US last month and was presented before a Nairobi, where the prosecution applied to have him detained pending extradition proceedings.

A Nairobi court later released him after he posted a bond of Ksh1 million ($8,779). The businessman is wanted in Rwanda for fraud linked to a housing scheme in 2012.

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 was arrested on January 31 at the Jomo Kenyatta International Airport (JKIA) after allegedly arriving from overseas where he had sought medical attention.

Mr Ndung’u says his arrest and detention was illegal, malicious, and unreasonable as 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 honourable court t urgently intervene because his life is under threat from the said government,” his lawyer said in court documents. 

He said Rwanda is misusing the Interpol Red notice to harass and intimidate Mr Ndung’u adding that he fears it will be used to arrest him and thereafter kill him. 

He says 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 to criminal.

The businessman further adds that the debt was fully paid and the settlement agreement duly signed on August 22, 2012, by DN International and the government of Rwanda, which was allegedly represented by the Justice Minister.

“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 said.

He claims that the said Interpol red alert notice was issued against him on February 24, 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 said in the petition.