Judy Ogutu
7 May 2008
Nairobi — It is now official: Rwandan genocide suspect, Mr Felicien Kabuga, owns property in Kenya.
The Spanish Villas in Nairobi's upmarket Kilimani area belong to him and his wife, Ms Mukazitoni Josephine.
On Tuesday, High Court Judge, Justice Muga Apondi, was given a detailed report of what Kabuga and his wife own in an application to freeze his assets.
The revelation is the result of investigation by a team of detectives.
Last December, the AG set up a team and it gave its first report in February.
Disclosed
It disclosed that Kabuga and his wife owned the Sh50 million villas. Director of Public Prosecutions (DPP), Mr Keriako Tobiko, told the court that detectives had established the ownership of the villas. According to their report, there was an agreement on January 26 appointing Kenya Trust Company Ltd as managing agents of the property and to collect rent.
Tobiko told the court that Kabuga might be using the proceeds from his assets to avoid justice.
Tobiko said Kenya Trust Company would collect the rent and deposit the money in their account at the same bank. Documents showed that every quarter, the firm would wire an equivalent of 290,000 French francs to the account in Belgium.
Escape justice
On Tuesday, Tobiko said: "We believe part of or these proceeds are being used by the criminal fugitive to avoid capture and evade justice."
And Judge Apondi said: "Investigation shows the bank account and transactions the first respondent and his wife have been involved in."
Documents from the Commercial Bank of Africa indicated that rent collected from the property was deposited in Kabuga's account at the bank. He has, however, since closed it.
Justice Apondi said though Kabuga was presumed innocent until proven guilty, he should be subject to the due process of law.
In addition, the judge directed Kenya Trust Company Ltd to deposit with the High Court Registrar rent income and proceeds it received from the villas less the fee for managing the property.
Advertise the case
Further, the court gave the DPP the go ahead to inform the Kabugas of the case in court by advertising it in two newspapers, one regional and the other international.
The judge directed the High Court's deputy registrar to keep the file in safe custody. Tobiko had sought to have the file placed in a strong room because of the nature of the case.
The matter will be mentioned on July 29 to establish the progress made and whether any one shall have responded to the suit by then.
Kabuga, a wealthy businessman and a genocide suspect, has a $5million (Sh310 million) bounty on his head for allegedly masterminding and bankrolling the 1994 genocide Rwanda where 800,000 were killed.
He has been on the run since the International Criminal Tribunal indicted him for genocide with 17 other Rwandans and a warrant issued for his arrest.
Kabuga is accused of international crimes in Rwanda in 1994, ranging from genocide to conspiracy to commit genocide and incitement to commit genocide.
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