Re Dr BARIBWIRA

Re Dr BARIBWIRA

Article 129(3) of Law No 22/2018 does not violate the constitutional principles of equality before the law or the right to a fair hearing before a competent court, because the distinction it draws between immediate and deferred appeals is based on legitimate and reasonable grounds related to the finality of the...

Source-derived case information.

Citation
RLR V.4-2025
Parties
Applicant: Dr Baribwira Cyprien; Respondent: Leta y’u Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
25 May 2025
Case Number
RS/INCONST/SPEC00007/2023/SC
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Equality Before the Law, Right to a Fair Trial, Appeals Procedure, Access to Court
Source Language
rw
Constitutional Law Civil Procedure Equality Before the Law Right to a Fair Trial Appeals Procedure Access to Court

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Parties

Dr Baribwira Cyprien

Applicant

Leta y’u Rwanda

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

  1. 1 Whether Article 129(3) of Law No 22/2018 violates Article 15 (equality before the law) of the Constitution of Rwanda
  2. 2 Whether Article 129(3) of Law No 22/2018 violates Article 29(1)(c) (right to a fair hearing before a competent court) of the Constitution of Rwanda

Ratio Decidendi

Article 129(3) of Law No 22/2018 does not violate the constitutional principles of equality before the law or the right to a fair hearing before a competent court, because the distinction it draws between immediate and deferred appeals is based on legitimate and reasonable grounds related to the finality of the decision and the need to avoid unnecessary delays in proceedings. Both parties retain the right to appeal, albeit at different procedural stages, and are not in the same legal category when the objection is dismissed versus when it is upheld.

Court Disposition

petition dismissed

Orders

  • The petition by Dr Baribwira Cyprien seeking a declaration that Article 129(3) of Law No 22/2018 is unconstitutional is dismissed as unfounded.
  • Article 129(3) of Law No 22/2018 is declared consistent with Articles 15 and 29(1)(c) of the Constitution of Rwanda.