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ATTORNEY GENERAL v FELICIEN KABUGA & 2 others [2008] KEHC 2706 (KLR)

[2008] KEHC 2706 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2706
Citation
[2008] KEHC 2706 (KLR)
Decided
6 May 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeApplication for Orders of Preservation of Landed PropertyPostureApplication grantedCoramMUGA APONDI
Holding

The court issues orders for the preservation of the property, restraining its alienation, and deposits rental income with the Registrar of the High Court of Kenya.

Facts

Felicien Kabuga, a wealthy and influential businessman from Rwanda, was charged with genocide and other crimes by the International Criminal Tribunal for Rwanda (ICTR). Despite requests for his arrest, he has evaded justice. The Attorney-General sought to freeze his assets in Kenya.

Issues

  1. Preservation of property
  2. Restraining alienation of property
  3. Deposit of rental income
  4. Service of orders

Reasoning

The court granted the application based on the International Criminal Tribunal for Rwanda's request and the obligations of member states under international law.

Outcome

Application granted

Orders

  • Preservation of property
  • Restraining alienation
  • Deposit of rental income
  • Service of orders

Remedies

  • Preservation of property
  • Deposit of rental income

Authorities cited

Legislation (2)
  • Constitution of Kenya
  • Geneva Convention Act
Cases cited (6)
  • Blaskic (subpoena)
  • Resolution No.955 of the United Nations
  • Resolution No.1165 of 1998 of the United Nations
  • Resolution No.1431 of 2002 of the United Nations
  • Resolution No.1503 of 2003 of the United Nations
  • Resolution No.1534 of 2004 of the United Nations
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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