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The Kenyan government has won an international battle against Rwandese fugitive Felicien Kabuga and his wife Josephine Mukazitoni as the Highest Court in the land takes control of their Shs 100 million rental property in Nairobi.
The High Court registrar will continue receiving the monthly rent accruing from the six magnificent housing units known as Spanish Villas nestled in the posh Kilimani suburb belonging to the couple since 1995.
The order will stay in force pending the conclusion of the 1997 indictment of 73-year old Kabuga by the Arusha-based International Criminal Tribunal for Rwanda (ICTR) for his alleged active participation in the infamous 1994 genocide.
“It is crystal clear that the property is in the names of Kabuga and Mukazitoni. That means that the property belongs jointly to both, who are legally married. They are man and wife. No doubt, I hereby concur with the DPP that the title to the property is joint, indivisible, inseparable and unseverable from that of Kabuga. I also do agree that her title and interest are inter-woven with that of her dear husband. The only conclusion that the court can make is that the cause of action is against the entire property. With the benefit of hindsight, Kabuga should have registered the property in the name of his dear wife,”the copurt observed.
The Kenya Government, through the Attorney General, had not purported to acquire the property by force but merely to preserve it, since Section 75 of the Constitution protected ownership of private property except where compulsory acquisition was justified.
The US Government has offered US$5 million for information leading to the arrest of Kabuga, a wealthy and influential businessman accused of having used his resources to purchase machetes used during the slaughter of more than 800,000 people, mainly Tutsis at the hands of the infamous Interehamwe Hutu militia. Kabuga, who was among close cronies of former Rwandan President Juvenal Habyarimana, was also said to be a shareholder of an extremist radio station that disseminated propaganda against Rwanda's Tutsi minority.
