Rwandan warlord and fugitive Felicien Kabuga’s wife wants the court to dismiss a case filed by the State 10 years ago seeking to freeze their joint property in Lavington, Nairobi.
Josphine Mukazitoni, in her submissions filed before the Anti-Corruption Court in Nairobi, argued that the Government had no proof that the contested property was acquired through proceeds of crime.
In her court papers filed before Justice Hedwig Ong'udi, she also claimed that there is no proof that Kabuga, who has been on the run since the Rwandan genocide, used the rent collected from the house to evade arrest.
Documents seen by The Standard show that the house fetches at least Sh84,000 rent each month.
“The applicant (Attorney General) has not demonstrated that Mr Felicien Kabuga is using the income generated in Kenya to avoid capture and substantially interfere with the prosecution witnesses,” her submissions, filed by Ogeto Otachi advocates, read.
She continued: “On the contrary, the applicant attaches proof that the funds are actually wired directly to the second respondent’s (Mukazitoni) accounts. Furthermore, there is no proof that the property was unlawfully acquired or relates to any crime.”
Justice Muga Apondi froze Kabuga’s assets in the country after the International Criminal Tribunal for Rwanda (ICTR) sought the Government's help to enable his capture.
A warrant for his arrest was issued on November 26, 1997, but the man has never been captured.
The ICTR, in its request for assistance, noted that Kabuga was using the money collected from the property to evade law enforcement agencies.
The Government in its case claimed that Kabuga had been using the rent collected here to aid his hiding game in Belgium.