UBUSHINJACYAHA v. BADO

UBUSHINJACYAHA v. BADO

The Court of Appeal held that it is bound by the Supreme Court's interpretation in RP 00003/2018/SC, which entitles a person granted a retrial on grounds of injustice to provisional release pending the new trial. The facts of Bado Bede's case are materially identical to those in the Supreme Court precedent, and there is no new law overruling that precedent. Therefore, Bado Bede must be released provisionally while awaiting retrial.

Citation
RP 00002/2022/CA
Parties
Prosecution: Ubushinjacyaha; Applicant: Bado Bede
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
7 October 2022
Case Number
RP 00002/2022/CA
Procedural Posture
Criminal Appeal / Interlocutory Application for Provisional Release Pending Retrial
Outcome
Application allowed
Legal Topics
Provisional Release, Stare Decisis, Execution of Judgments, Retrial on Grounds of Injustice
Source Language
rw
Criminal Law Criminal Procedure Provisional Release Stare Decisis Execution of Judgments Retrial on Grounds of Injustice

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Bado Bede

Applicant

Procedural Posture

Criminal Appeal / Interlocutory Application for Provisional Release Pending Retrial

Legal Issues

  1. 1 Whether Bado Bede should be provisionally released pending retrial on grounds of injustice
  2. 2 Whether lower courts are bound by Supreme Court precedent in similar cases

Ratio Decidendi

The Court of Appeal held that it is bound by the Supreme Court's interpretation in RP 00003/2018/SC, which entitles a person granted a retrial on grounds of injustice to provisional release pending the new trial. The facts of Bado Bede's case are materially identical to those in the Supreme Court precedent, and there is no new law overruling that precedent. Therefore, Bado Bede must be released provisionally while awaiting retrial.

Court Disposition

Application allowed

Orders

  • Bado Bede to be provisionally released pending the outcome of retrial in RS/INJUST/RP 00005/2022/CA.
  • No costs awarded.