01.10.09 - ICTR/KABUGA - TOP OFFICIAL SAYS GENOCIDE FUGITIVE KABUGA IS NOT IN KENYA

Arusha, 1 October, 2009 (FH) - Kenya has reiterated that the most-wanted genocide fugitive Felician Kabuga was not on their territory.

The Kenyan Attorney General, Amos Wako, said this when addressing reporters in Kigali Wednesday after signing an extradition Treaty between Nairobi and Kigali.

To explain this, Wako referred to an affidavit handed to the High Court by the lawyer of Kabuga's wife, Josephine Mukazitoni, following the Kenyan government's decision to freeze Kabuga's assets, according New Times issue of Thursday. According to Wako, Mukazitoni's court document had the family's full residential address of their home in Belgium.  

The affidavit argued that all the couple's properties had been acquired legitimately and that she would suffer serious financial distress if the order stood. The Kenyan authorities froze Kabuga's assets last year, accusing him of using his wealth to avoid capture, help other fugitives and "substantially interfere" with ICTR witnesses. 

However, the ICTR Office of the Prosecution has frequently pointed that Kabuga was in Kenya. The 74-year-old Kabuga and his wife allegedly engage in transport, real estate, hotels and farming.

Kabuga has been on the run since 1994 and is the most high-profile suspect.

ICTR dossiers say Kabuga was last sighted in Kenya on June 28, 2006, at the Lavington residence of a former Cabinet minister. Kabuga frequents Europe, Madagascar, Gabon and Kenya.

Kabuga was in 1994 thrown out of Switzerland and went to the Democratic Republic of Congo before seeking refuge in Kenya. The United States has a $5 million bounty on his head. 

Meanwhile, under the extradition treaty, genocide suspects living in Kenya can now be extradited to Rwanda.

‘'We (Kenya and Rwanda) realized that there were crimes that had not been included, among them, genocide, terrorism and money laundering among others,  Rwanda's Minister for Justice and Attorney General, Tharcisse Karugarama, said after the signing ceremony.

SC/GF

© Hirondelle News Agency

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