RLR-V.4-2019

RLR-V.4-2019

Ndakengerwa Gasana Aimable was lawfully dismissed for gross misconduct, specifically for attempting to use his position to detain a person for personal reasons, which constitutes a serious disciplinary fault aggravated by his status as a senior official. The closing of the criminal file did not preclude disciplinary action. The sanction of dismissal was appropriate, proportionate, and imposed following the correct legal procedure, including consultation with the relevant ministry.

Parties
Appellant/respondent: Ndakengerwa Gasana Aimable; Respondent/appellant: Umujyi wa Kigali (Kigali City)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
2 December 2019
Procedural Posture
Administrative/disciplinary / Supreme Court Review of High Court Judgment on Grounds of Injustice
Outcome
Appeal (review) allowed; dismissal upheld; previous High Court judgment overturned.
Legal Topics
Disciplinary Sanctions, Gross Misconduct, Criminal Liability and Disciplinary Proceedings, Aggravating Circumstances, Dismissal of Public Servants
Source Language
en, rw
Administrative Law Employment Law Public Service Law Disciplinary Sanctions Gross Misconduct Criminal Liability and Disciplinary Proceedings Aggravating Circumstances Dismissal of Public Servants

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Parties

Ndakengerwa Gasana Aimable

Appellant/respondent

Umujyi wa Kigali (Kigali City)

Respondent/appellant

Procedural Posture

Administrative/disciplinary / Supreme Court Review of High Court Judgment on Grounds of Injustice

Legal Issues

  1. 1 Whether the dismissal of Ndakengerwa Gasana Aimable from public service was lawful and proportionate to the disciplinary fault(s) established.
  2. 2 Whether the closing of a criminal file by the Prosecution exonerates an employee from disciplinary liability.
  3. 3 Whether the sanction imposed was appropriate and followed the correct legal procedure.

Ratio Decidendi

Ndakengerwa Gasana Aimable was lawfully dismissed for gross misconduct, specifically for attempting to use his position to detain a person for personal reasons, which constitutes a serious disciplinary fault aggravated by his status as a senior official. The closing of the criminal file did not preclude disciplinary action. The sanction of dismissal was appropriate, proportionate, and imposed following the correct legal procedure, including consultation with the relevant ministry.

Court Disposition

Appeal (review) allowed; dismissal upheld; previous High Court judgment overturned.

Orders

  • Ndakengerwa Gasana Aimable was lawfully dismissed from public service.
  • The judgment of the High Court (RADA00023/2017/HC/KIG-RADA00027/2017/HC/KIG) is overturned in its entirety.