Folks,

The Kenya Coalition Government should order that all Kabuga’s finances and properties be frozen. Then Kabuga will come out from his hiding. This is because, he will have no money and food to pay for his security details and food to eat, then the securities will start making noise they are not being paid, that is when you will catch the fugitive.

The fugitive is not so hard to catch if you follow the trend of his business transactions and locate source of his security details, and who were his business partners in Kenya. The answer should not be too far.

Do not let the wife lay hand in any of Kabuga’s property until his hide-out is determined. Freeze all his businesses and funding then he will not have escape route.

Cheers !

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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Five judges to hear Kabuga’s wife appeal

By JUDY OGUTU

A five-judge Bench will hear an appeal by wife of Rwandan fugitive Felicien Kabuga over their property in Kenya.

Appeal Judges Riaga Omolo, Erastus Githinji and Alnashir Visram, said Wednesday the issues being raised in the appeal were complicated and should be heard by five judges.

Consequently, they adjourned the case, which was to be heard yesterday and directed fresh hearing dates be picked.

Mrs Josephine Mukazitoni is contesting a High Court decision dismissing her application challenging its jurisdiction to handle the suit touching on their property, Spanish Villas.

She had filed an application at the High Court saying it has no jurisdiction to hear the case on the property.

Justice Muga Apondi threw out the application and ordered the case to proceed.

Director of Public Prosecution Keriako Tobiko said the decision to have a Bench of five judges to handle the case is perfect.

UN resolution

Mukazitoni’s advocate Otachi Bw’Omanwa also said he was ready to proceed and does not doubt the court’s decision.

Among issues to be determined by the appeal judges are the nature, character and legal effect of the Resolution of the United Nations Security Council made under chapter 7 of the United Nations Charter.

The court will also determine whether the UN Security Council Resolutions (under chapter 7) requiring Kenya to co-operate with the International Criminal Tribunal for Rwanda in tracing and freezing Kabuga’s assets and property in Kenya.

In May 2008, Justice Apondi issued orders preserving the Spanish Villas, which is jointly owned by the Kabugas’.

He restrained Kabuga, his wife, and Kenya Trust Company (KTC) from selling, disposing off, wasting or damaging the property pending conclusion of a case against Kabuga pending before the International Criminal Tribunal for Rwanda (ICTR).

He also directed KTC to deposit all rental income from the property with the Registrar of the High Court of Kenya. The orders were issued after the prosecution said Kabuga was using proceeds from the property to evade arrest as a genocide suspect.

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AG, Saitoti: Point for us Kabuga and we arrest him

By CYRUS OMBATI

Is Felicien Kabuga in Kenya? That is a question that has been coming back for more than ten years. And it could earn you Sh400 million the US has placed as a reward for anyone reporting Kabuga’s whereabouts.

The US Government and the tribunal trying Rwanda genocide suspects in Arusha want the world to believe one of the most want men in connection with the massacre is hiding in Kenya.

The Kenya Government has on many occasions said the country was not harbouring Kabuga but claims he is holed up somewhere within Kenya’s borders seem not to end.

On Wednesday, six Cabinet Ministers accompanied by the country’s spy chief said the latest claim made by the US government and the International Criminal Tribunal for Rwanda (ICTR) that Kabuga was living within Kenya was not true.

Ministers George Saitoti (Internal Security) Mutula Kilonzo (Justice), James Orengo (Lands), Otieno Kajwang (Immigration), Moses Wetang’ula (Foreign Affairs) and Attorney General Amos Wako said Kenya would gain nothing by hiding Kabuga.

The Director General of the National Security Intelligence Services (NSIS) Michael Gichangi and Internal security PS Francis Kimemia also attended the briefing.

“We are equally baffled as to why the ICTR and the US government keep on claiming that Kabuga is here. The reason they give is that immigration records show he entered here but no proof he left but that does not hold water because if you have an international warrant of arrest you cannot go to say (tell your pursuers) you are leaving,” said Wako.

Saitoti who read a statement signed by all the ministers said Kenya has utilised immense resources in the form of material, equipment and personnel to assist ICTR with its investigations.

US Ambassador-at-large for War Crimes, Mr Stephen Rapp, had two months ago said his office has intelligence reports confirming that the alleged financier of the 1994 genocide against the Tutsi is in Kenya.

The ICTR too has insisted Kabuga is still in Kenya despite denials by the government.

In the 1994 the Hutu-dominated Rwanda government killed thousands of Tutsi’s and Hutu political moderates. In the course of 100 days, at least 500,000 people were killed. The mass killings erupted after the death of then president of Rwanda Juvenal Habyarimana after the plane he was flying in was shot down.

Yesterday, the ministers said since 2002 Kenya formed a joint security team involving security agencies, ICTR and FBI to try and apprehend Kabuga who was alleged to be hiding in Kenya.

They added police have been acting on intelligence of alleged sighting of Kabuga in various parts of the country but these were found to be untrue.

“In response to numerous information, several people were arrested but were subsequently released on realising they were not Mr Kabuga,” said Saitoti.

He added Kenya formed another team in 2007 to track down Kabuga and his properties and bank accounts and those of his associates in the country.

The minister said Kenya had frozen bank accounts linked to Kabuga’s wife Josephine and Mukezitoni and had the rent collected from her villas deposited with the Registrar of the High Court.

“Other information that Kabuga also owns properties in Pioneer, Uhuru, Donholm, Kileleshwa estates in Nairobi and others in Isinya, Kitale, Namanga, Eldoret, Mtwapa and Narok was investigated and found to be untrue and the full particulars are within the knowledge of the Tribunal,” he added.

The ministers added that the joint investigation team is still operational ready to act on any leads on the whereabouts of the fugitive.

It is not clear why the ministers decided to hold the press conference yesterday together long after the ICTR lodged a case at the UN Security Council demanding sanctions against Kenya after the US government made the claims.

ICTR accused Kenya of not complying with international legal obligations to arrest and surrender international fugitives. The US circulated a picture of Kabuga last month, which it termed as genuine.

Kabuga is accused of bankrolling and participating in the Rwanda genocide.

The ICTR issued an international arrest warrant for him in 1999 charging him with 11 counts including genocide, conspiracy to commit genocide and complicity to commit genocide.

In June 1994 after the Rwanda Patriotic Front led by current President Paul Kagame overran Rwanda, Kabuga fled the country. He first attempted to enter Switzerland but was ordered to leave.

He went on to the Democratic Republic of Congo. Reports later emerged that he was in Kenya and it was widely believed he had large business interests in the country.

Kenya has continuously dismissed claims about the fugitive’s presence in the country.