UBUSHINJACYAHA v. MUGABO

UBUSHINJACYAHA v. MUGABO

The ten-year period for expungement must be calculated from the date the sentence became unenforceable under the law in force at the time of conviction (1977 Penal Code), which was three years after the conviction. As of the application date, the ten-year period had not elapsed, so the applicant did not meet the requirements for expungement.

Citation
RP 00068/2023/HC/KIG
Parties
Prosecution: Ubushinjacyaha; Applicant: Mugabo Fidele
Court
High Court
Jurisdiction
Rwanda
Judgment Date
25 March 2024
Case Number
RP 00068/2023/HC/KIG
Procedural Posture
Criminal / Application for Expungement (ihanagurabusembwa) After Conviction
Outcome
Application dismissed for lack of merit.
Legal Topics
Expungement of Criminal Record, Computation of Limitation Periods, Application of More Lenient Law (la Loi La Plus Douce)
Source Language
rw
Criminal Law Criminal Procedure Expungement of Criminal Record Computation of Limitation Periods Application of More Lenient Law (la Loi La Plus Douce)

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Parties

Ubushinjacyaha

Prosecution

Mugabo Fidele

Applicant

Procedural Posture

Criminal / Application for Expungement (ihanagurabusembwa) After Conviction

Legal Issues

  1. 1 Whether Mugabo Fidele meets the legal requirements for expungement of his criminal record after the lapse of the statutory period since the sentence became unenforceable

Ratio Decidendi

The ten-year period for expungement must be calculated from the date the sentence became unenforceable under the law in force at the time of conviction (1977 Penal Code), which was three years after the conviction. As of the application date, the ten-year period had not elapsed, so the applicant did not meet the requirements for expungement.

Court Disposition

Application dismissed for lack of merit.

Orders

  • Application for expungement is dismissed.
  • The three-month imprisonment sentence is deemed unenforceable as of 18/08/2014, but the ten-year period for expungement has not elapsed.