Re. KABASINGA

Re. KABASINGA

Article 133(5) of Law Nº 68/2018 is inconsistent with articles 29 and 151 of the Constitution because it imposes a mandatory life sentence without allowing consideration of mitigating circumstances, thereby violating the right to due process and the independence of the judiciary in sentencing.

Citation
RLR V.2-2020
Parties
Petitioner: Kabasinga Florida; Respondent: Government of Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
4 December 2019
Case Number
RS/INCONST/SPEC 00003/2019/SC
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition allowed
Legal Topics
Due Process, Judicial Independence, Mandatory Sentencing, Sentencing Discretion, Child Defilement, Mitigating Circumstances
Source Language
en
Constitutional Law Criminal Law Due Process Judicial Independence Mandatory Sentencing Sentencing Discretion Child Defilement Mitigating Circumstances

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Parties

Kabasinga Florida

Petitioner

Government of Rwanda

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether article 133, paragraph five of Law Nº 68/2018, which imposes a mandatory life sentence for child defilement followed by cohabitation as husband and wife, is inconsistent with articles 29 and 151 of the Constitution of Rwanda regarding due process and judicial independence.

Ratio Decidendi

Article 133(5) of Law Nº 68/2018 is inconsistent with articles 29 and 151 of the Constitution because it imposes a mandatory life sentence without allowing consideration of mitigating circumstances, thereby violating the right to due process and the independence of the judiciary in sentencing.

Court Disposition

petition allowed

Orders

  • Article 133, paragraph five of Law Nº 68/2018 is declared inconsistent with articles 29 and 151 of the Constitution and is without effect.
  • This judgment shall be published in the Official Gazette of the Government.