Earlier in June 2001, the International Crisis Group (ICG) released a report titled "International Criminal Tribunal for Rwanda: Delayed Justice," implicating government officials in the hiding of Mr Kabuga.

But the 2001 ICG report said that ICTR investigators had traced Kabuga to several residences in Kenya, in Nairobi, Nakuru and Eldoret, some of which belonged to a close relative of President Moi.

Court documents in Kenya and the ICTR that was based in Arusha, revealed that Mr Kabuga's business empire in Kenya went back to 1995 when he established an import-export business called Nshikabem Agency.

Mr Kabuga's businesses in Kenya included the Kenya Trust Company Ltd (KTC Ltd) that owned Spanish Villas on Nairobi's Lenana Road; a transport business between Mombasa and Rwanda, as well as matatu businesses in Nairobi.

Later in 2008, Mr Wako, due to international pressure, initiated a case seeking court orders to stop Kenya Trust Company Ltd (KTC Ltd) from selling Spanish Villas property until the ICTR case against Mr Kabuga was concluded.