UBUSHINJACYAHA v. MUKESHIMANA N’ABANDI

UBUSHINJACYAHA v. MUKESHIMANA N’ABANDI

The court found that the acts of the accused constituted the crimes of soliciting, giving, and receiving a bribe as defined by law, based on corroborated evidence including witness testimony, documentary proof, and admissible audio recordings. The court held that the audio evidence was lawfully obtained in public, without coercion, and was corroborated by other evidence. The court also found that the penalties imposed at first instance were excessive for some appellants and reduced them in accordance with mitigating circumstances and the law.

Citation
RPA/ECON 00055/2021/HC/MUS
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: Mukeshimana Adrien; Appellant/accused: Nzakizwanimana Etienne; Appellant/accused: Bizimana Venerand; Appellant/accused: Mukankusi Jeanne
Court
High Court
Jurisdiction
Rwanda
Judgment Date
13 April 2022
Case Number
RPA/ECON 00055/2021/HC/MUS
Procedural Posture
Criminal Appeal / High Court Appellate Judgment
Outcome
Appeals dismissed in part, sentences varied
Legal Topics
Corruption, Bribery, Evidence, Criminal Procedure
Source Language
en, rw
Criminal Law Corruption Bribery Evidence Criminal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Ubushinjacyaha

Prosecution

Mukeshimana Adrien

Appellant/accused

Nzakizwanimana Etienne

Appellant/accused

Bizimana Venerand

Appellant/accused

Mukankusi Jeanne

Appellant/accused

Procedural Posture

Criminal Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether the acts of the accused constituted the crime of soliciting, giving, or receiving a bribe under Rwandan law
  2. 2 Whether audio evidence recorded in public without coercion is admissible
  3. 3 Whether the penalties imposed at first instance were appropriate

Ratio Decidendi

The court found that the acts of the accused constituted the crimes of soliciting, giving, and receiving a bribe as defined by law, based on corroborated evidence including witness testimony, documentary proof, and admissible audio recordings. The court held that the audio evidence was lawfully obtained in public, without coercion, and was corroborated by other evidence. The court also found that the penalties imposed at first instance were excessive for some appellants and reduced them in accordance with mitigating circumstances and the law.

Court Disposition

Appeals dismissed in part, sentences varied

Orders

  • Mukeshimana Adrien: convicted of soliciting and receiving a bribe, sentenced to 5 years imprisonment and a fine of 2,000,000 RWF
  • Nzakizwanimana Etienne: convicted as an accomplice to bribery, sentenced to 2 years and 6 months imprisonment and a fine of 1,000,000 RWF