Felicien Kabuga Hiding in Kenya Leaves More Questions than Answers

The dogged allegations that Kenya is protecting the Rwandan Genocide mastermind Felicien Kabuga is getting more confounding and convoluted each passing day. Between Kenya and the US, one of them is insincere or has lost track of the fugitive. It is also likely the blame game is a ploy to mask intelligence failure on the side of the US. Either way, the two states have been less than forthright as to why they think Kabuga is in the country or not as the case might be.

The premises adduced by either parties to justify his presence or absence in Kenya are scantly substantiated and mendacious. Some claims, even to non-intelligence folks, are simply illogical on their stories.

First, the US has always insisted that they have credible intelligence that vouches for the presence of Kabuga in Kenya. But the big question is, since they have information on his whereabouts; why not arrest him on their own or with the help of Interpol if the Kenyan police are unwilling to cooperate?

Though Kenya is not a rogue state in the league of Iran and Sudan or North Korea, it might now be unwilling to taint her image by handing over Kabuga as it will vindicate the allegation that they had all along been protecting a hoodlum. So, the US should smoke out Kabuga and haul him to the ICTR.

Again, the FBI was involved in the botched attempt to apprehend Kabuga in 2003 when a journalist with links to him tipped them on his whereabouts. Since Kabuga eliminated the fellow before the rendezvous shows that the lead was genuine. For the FBI to bungle such a sensitive operation leaves a lot to be desired. That the operation got leaked points to ineptitude on the side of the FBI. The assertion that the Kenyan police squelched is a possibility. How daft the FBI was to involve the same authority that was supposedly complicit in hiding him is another puzzle.

Why the FBI left the tracks of Kabuga to dry up when they already came close to napping him in the 2003 failed operation is again enigmatic. Their allegations that the Kenyan government is uncooperative in turning him in do not explain why they cannot catch him themselves. The CIA and the FBI are roaming this country freely, what is their work if not to arrest Kabuga?

Has the US intelligence really gone the whole hog to apprehend Kabuga? My answer is no. The $ 5 Million bounty on Kabuga’s head can easily be employed to apprehend him. It is common knowledge that Kenyan officials can easily be compromised. That is how Kabuga bought himself a safe haven in the first place. The Artur Brothers accessed state house and terrorized Kenyans on the street with lesser money. If indeed the NSIS has valuable information regarding Felicien Kabuga, the US intelligence agents can wheedle that information with 5 000 $ and not $ 5 Million in a day’s work! Why are they unwilling to employ such means?

Felicien Kabuga is alleged to have been hiding in Kenya since 1995. Media reports indicated he was living in Gigiri in 1996 under state protection, a stone throw from the UNEP headquarters and a police station to boot! Zakayo Cheruiyot, the then PS in charge of internal security, flunked a polygraph test administered by the FBI. What further action has the FBI taken to glean intelligence information from the likes of Zakayo Cheruiyot remains unknown.

It is worth noting that 2003 saw a chaotic regime change in Kenya. Subsequently, there was a shake up in the intelligence and security machinery in the country. It is likely that the departing officials did not pass crucial information to incoming officers since the handover was acrimonious. It is also likely that Felicien Kabuga left the country when his protégés were sent home. If this scenario obtained then it is wrong for the US and the UN to incriminate the Kibaki administration over his whereabouts.

The exception being, since allegiances are buyable and therefore transferrable, Kabuga might have bought a safe haven with the new administration. If this is the case, then the US has a point.

Kenya has for the umpteenth time rhapsodized that Felicien Kabuga left this country. The US has asked her to state when and where he crossed the border and to which destination. This is where Kenya is culpable. If Kabuga indeed left the country, when and where did he leave for? The UN and the whole world cannot exonerate this country unless they supply this missing link.

Another explanation that Kenya has to do is why it took so long to freeze Kabuga’s assets. Rumor has it that Kabuga has more wealth in the country than it was frozen by the government and thus the freeze was a mere PR exercise. If the US has intelligence to this effect, then Kenya has a case with the UN Security Council come June as recently hinted by Stephen Rapp, the US Ambassador for War Crimes.

I have issues with the US intelligence system. Understandably, they are not infallible but lately, they have proved ineffective. Osama bin Laden is a different kettle of fish altogether but the intelligence failure on a Nigerian terrorist who almost blew up a Detroit bound US jetliner and the killing of seven CIA agents in Afghanistan by a erstwhile CIA informer, point to some inherent weakness. Inability to capture Felicien Kabuga is adding to the growing list of inefficacy. In case they don’t have any hint where Kabuga is, then they should own up, hush up and pray for Kabuga to one day turn himself in.

The NSIS on the other hand is nothing to write home about. The Post Election Violence happened right under their nose. In case they too are unaware where Kabuga is, they should fully cooperate with the US and end this charade. The government also should give out whatever information they might be having on Kabuga. There is no justification for protecting a killer like Kabuga.

To arrest Felicien Kabuga, the two states have to sit and compare notes. This peek-a-boos is a sheer waste of time. As they trade accusations, Felicien Kabuga is enjoying his wealth in Shangri-la. He is now 75 and might soon die of natural causes before facing the law. Time is of essence here. As of now, the conduct of the two countries begs for more answers than they have cared to vouchsafe.