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Mukazitoni Josephine v. Attorney General Republic Of Kenya

(2015) JELR 105344 (CA)

Court of Appeal  •  Criminal Appeal 128 of 2009  •  25 Sep 2015  •  Kenya

Martha Karambu Koome, John Wycliffe Mwera, Sankale ole Kantai, James Otieno Odek, Fatuma sichale



The United Nations Security Council Resolutions Nos. 955 of 1994; 978 of 1995; 1165 of 1998; 1503 of 2003 and 1534 of 2004 called upon United Nations member states (Kenya amongst others by name) to cooperate with the United Nations International Criminal Tribunal for Rwanda (hereinafter “ICTR”) by tracing and freezing the assets of one Mr. Felicien Kabuga who is allegedly a fugitive on the run. A warrant for his arrest was issued on 26th November 1997 by ICTR. The Prosecutor of ICTR indicted Mr. Kabuga with conspiracy to commit genocide to wit that he did conspire with others to kill or cause serious bodily or mental harm to members of the Tutsi population in Rwanda with intent to destroy in whole or part the said Tutsi ethnic group. The said Mr. Felicien Kabuga has never been arrested and brought before the ICTR to answer the charges.

The appellant, Mukazitoni Josephine, is the wife to Mr. Felicien Kabuga. They are Jointly registered as co-owners of all that prope…

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