Rwanda Case Law

UBUSHINJACYAHA v TWAGIRAYEZU

Court

Court of Appeal

Case number

RPA/GEN 00001/2024/CA

The Court of Appeal found that the High Court erred in its assessment of the alibi and witness credibility. The prosecution met its burden to prove beyond reasonable doubt that Twagirayezu Wenceslas was present in Rwanda and participated in multiple attacks constituting genocide and crimes against humanity. Minor inconsistencies in witness testimony did not undermine the core evidence. The absence of his name in Gacaca records was not determinative. The Court convicted Twagirayezu of genocide and crimes against humanity and imposed a 20-year prison sentence, finding no sufficient aggravating…

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• Genocide
• Crimes against humanity
• Evidentiary law
• Alibi defence
• Assessment of witness credibility
• Appeal procedure

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RLR V. 3- 2024

Court

Supreme Court

The challenged provisions of Law No. 12/2017 and Law No. 027/2019 are not inconsistent with Articles 13, 14, 23, 24, 29, 43, and 61 of the Constitution. The Constitution allows the legislature to determine the procedures and authorities for searches and investigations. The law provides sufficient safeguards for the rights of persons subject to search, including judicial review and remedies. The terms 'reasonable grounds', 'substantial evidence', and 'serious grounds' are not so vague as to be unconstitutional, and their interpretation is not a matter for a constitutional petition. The request…

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• Petition for declaration of unconstitutionality
• Search and seizure
• Criminal investigation
• Media and suspects' rights

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UBUSHINJACYAHA VS LIBAKWE N’ABANDI

Court

Court of Appeal

Case number

RPAA 00664/2021/CA

The court found that all appellants were properly convicted based on corroborated evidence, including confessions, witness statements, and physical evidence. Alibi and defence rights were respected, and confessions in investigation were valid unless proven coerced, which appellants failed to show. Mitigating circumstances were not established. Sentences of life imprisonment and fines were appropriate under the law.

Source excerpt

• Drug trafficking
• Drug possession
• Evidence
• Right to defence
• Alibi
• Sentencing

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UBUSHINJACYAHA vs MAZINA N’ABANDI

Court

Court of Appeal

Case number

RPAA 00434/2023/CA - CMB RPAA 00353/2023/CA - CMB RPAA 00366/2023/CA - CMB 00435/2023/CA

Sentences for KALINDA Faustin, NTIYIBAGIWE Didier alias Rukara, and BAZATSINDA Janvier alias Mayor are mitigated due to first-time offense and partial admission, but not for late admission; MAZINA Déogratias alias Gasongo acquitted due to insufficient evidence of participation in assault causing death; evidentiary standards require proof beyond reasonable doubt.

Source excerpt

• Homicide
• Aggravated assault
• Mitigation of sentence
• Failure to rescue
• Evidentiary standards
• Appeal procedure

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UBUSHINJACYAHA v BAKOMEZA

Court

Court of Appeal

Case number

RPAA 00011/2020/CA

The court found that Bakomeza Samuel acted with intent to kill Batema Innocent, as shown by the sequence of events, witness statements, and medical evidence of severe head injuries inconsistent with an accident. His inconsistent admissions did not demonstrate genuine remorse or truthfulness, and thus did not justify mitigation. The conviction for murder and life imprisonment was upheld.

Source excerpt

• Murder
• Assault causing death
• Intent (élément intentionnel)
• Mitigating circumstances

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UBUSHINJACYAHA v RUBAYIZA

Court

Court of Appeal

Case number

RPAA 00950/2024/CA

The minimum sentence and fine for drug trafficking offences punishable by life imprisonment are prescribed by law and cannot be reduced further based on mitigating circumstances; the appellant's request for further reduction and waiver of fine lacks legal basis.

Source excerpt

• Drug offences
• Sentencing
• Mitigating circumstances
• Appeal procedure

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NYIRASAFARI v UMUJYI WA KIGALI N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RAD00002/2023/SC

Nyirasafari Gaudentia failed to provide a legally valid marriage certificate or a valid substitute judgment as required by law to establish standing to claim succession property. The documents she relied on (attestations, letters, ID, and a substitute judgment) did not meet the legal requirements, as the substitute judgment had been annulled and other documents were not legally sufficient. Therefore, she lacked standing, and her claims could not be entertained.

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• Standing to sue
• Proof of marriage
• Succession rights
• Review for injustice
• Burden of proof
• Procedural requirements

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UBUSHINJACYAHA vs SEMASHINGE N’ABANDI

Court

High Court

Case number

RPA/GEN 00051, CMB RPA/GEN 00055/2023/HC/HCCIC

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Source excerpt

• Content Filtered

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VINTAGES WINES & LIQUARS LTD v KARASIRA

Court

Court of Appeal

Case number

RCOMAA 00044/2023/CA

The Court of Appeal dismissed a commercial appeal over a mortgaged house auction, held the intervener had no admissible new claim, and upheld cost orders.

• Mortgage rights
• Secured creditors
• Insolvency proceedings
• Auction of collateral
• Intervention in proceedings
• Mortgage-rights

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NYIRAMUGWERA v NYIRANGANIZI N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RC 00013/2021/SC

The Supreme Court held that customary marriages contracted before the 24 November 1962 Constitution are legally equivalent to civil marriages for purposes of succession. Therefore, Nyiramugwera Zilipa, married to Munyampeta Gaspard in 1961 under customary law, is entitled to inherit from his estate as a legal wife. Prior judgments excluding her were based on an incorrect application of the law.

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• Polygamous marriage
• Succession rights of wives
• Effect of pre-1962 customary marriages
• Status of customary vs civil marriage
• Distribution of deceased estate
• Legal standing of wives under customary law

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