Wife of top Genocide fugitive Felicien Kabuga's on Tuesday urged Kenya's High Court to overturn an order freezing the couple's local assets, according to papers filed with the court.

In an affidavit handed to the High Court by her lawyer, wife Josephine Mukazitoni, based in Belgium, argued that the Kenyan government had no legal right to act on behalf of the ICTR, Reuters reported.

Kenyan Director of Public Prosecutions Keriako Tobiko in May asked the same court to freeze all property of the fugitive millionaire accusing him of using his wealth to avoid capture, help other fugitives and "substantially interfere" with ICTR witnesses.

Kenyan officials say Kabuga and his wife are owners, shareholders and directors in several companies registered in Kenya and their daughter was transferring the proceeds to Banque de Poste, a Belgian bank to an account in the names of Mrs. Kabuga.

According to Mr. Tobiko, the alleged Genocide financier owns a posh and luxurious block of flats, Spanish Villa, in Nairobi's up-scale areas of Nairobi and registered in his names and his wife's, Josephine Mukazitoni - which generates Ksh 290,000 (Approx. Frw 2,572,207) in three months.

In the court papers, Mukazitoni argued that all the couple's properties had been acquired legitimately and that she would suffer serious financial distress if the order stood.

"I depend on the proceeds of rent for my livelihood in Belgium, since I am currently unemployed and at the age of 66 practically unemployable in my country of residence," Reuters quotes her to have said in the papers.

Kenya's top prosecutor said he would seek an order for Mukazitoni to appear as a witness and face cross-examination.

Officials from the Tanzania-based UN court for Rwanda have maintained that Mr. Kabuga has visited Kenya frequently in recent years. But Kenya's government has repeatedly denied allegations that it had been remiss in failing to arrest him.

In a recent online report, it was claimed that Mr. Kabuga was in Norway and had offered to talk to the Rwandan government - leading to his imminent surrender.

But Rwanda Justice Minister Tharcisse Karugarama reaffirmed to RNA last week that government was not in 'any contacts' with the man with a $5 million US government bounty on his head.