A court ruling in Nairobi, Kenya, on the bail application of a Kenyan businessman whose real estate development firm defrauded Rwandan property buyers 10 years ago, which was earlier set to be made on Friday, February 4, was postponed to Monday, February 7.

The Kenyan businessman who owned the now defunct DN International, Nathan Lloyd Ndung’u, was this week arrested in Nairobi over the fraud case he faces in Rwanda.

A source who is following the case closely, in the Kenyan capital, on Friday told The New Times that his lawyers have opposed the bail hearing before their application is heard and, as such, "the court has pushed the ruling to Monday.”

Accordingly, the court will incorporate the arguments by his lawyers and give one ruling next week.

Rwanda's prosecution wants the businessman extradited to Kigali where he faces more charges. In 2017, people who formerly delivered supplies or bought homes from the firm launched a fresh lawsuit demanding payment for investments made on the development of one of the housing projects by DN International (Green Park Villas) in Gasabo District, Kigali, which was incomplete when the firm became insolvent.

Among others, his defence team's application which the court in Nairobi must now first consider, claims that "the Applicant matter has been settled in Rwanda and that the Applicant is apprehensive that if the court delivers this ruling without taking into consideration the settlement agreement dated 24/8/2012 there is high probability that he shall be condemned unheard.”

His legal team has also noted that "the applicant is ill and requires immediate medical surgery and therefore humbly prays to this Honourable Court to arrest the delivery of its Ruling slated for the 4th February, 2022 in order to allow for the Applicant to be in the right state of health when this matter is being prosecuted.”

They argue that: "It’s only fair and just that this Honourable Court does arrest the delivery of its Ruling and takes into consideration of the Applicants medical condition and the settlement of the matter that is alleged to have been committed by the applicant.”

Faustin Nkusi, spokesperson of the National Public Prosecution Authority (NPPA), on Thursday, February 3, told The New Times that: "We are following up the case, together with Kenyan judicial authorities and we have judicial cooperation with them.”

He added: "Under the EAC Prosecutors’ association, one of our common goals is jointly fighting crime, especially economic crimes, in the region and from this, we hope our request for his extradition will be implemented.”

Kigali issued an international arrest warrant and extradition request in October 2018.

In 2007, DN International acquired a loan of more than Rwf800 million from Fina Bank to develop 28 housing units, in Masaka Sector, Kigali.

In January 2010, DN International, embarked on a project to construct more than 50 residential housing units it was to complete by the end of that year.

A year later, Ndung’u was arrested and detained at Remera Police station in Kigali before he fled the country that same year after an investigation was commissioned over fraud allegations.

By November 2011, it emerged that 19 people including top government officials had fallen victim to a scam and petitioned President Paul Kagame over the auction of the houses.

 Ndung’u was this week arrested as he arrived in Nairobi, reportedly from the US. He was listed on Interpol’s Red Notice in 2012 following a case in which he was tried in Rwanda and sentenced, in absentia, to five years in prison.

He was presented before a Nairobi court on Wednesday, February 2.

The prosecution in Kenya, it is reported, made an application to detain him at the Inland Container Depot Police Station for 21 days, pending a formal extradition request from Rwanda.

His lawyers opposed the detention, saying he should be released on bail, but the prosecutor opposed his release saying he was a flight risk given he had left Kenya while an international arrest warrant was still out for him.

As reported, the prosecution argued that being a dual citizen, Ndung’u might head back to the US, where he also has citizenship.