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Rwanda decisions
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The Court of Appeal allowed the City of Kigali to withdraw its appeal, holding that consent of the other parties was not required and awarding appellate costs.
The Court of Appeal accepted Umujyi wa Kigali’s withdrawal of its appeal and held that the respondents’ cross-appeals would not be heard.
The Court found that the evidence, including the accused's admission to possession, corroborated by police witness statements and the circumstances of arrest, was sufficient to uphold the conviction for drug trafficking rather than simple possession. However, considering mitigating circumstances and parity with similar cases, the sentence was reduced to 15 years' imprisonment and a fine of 5,000,000 Rwandan Francs.
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The Court found that the evidence, including witness testimony and official reports, established that Benimana Jean Claude was known for trafficking cannabis, was found with 13 packets, attempted to flee, and gave contradictory explanations. The statutory minimum sentence had already been imposed, and further reduction was not permitted by law. The appeal was therefore dismissed.
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The Court of Appeal found that, under the amended law, the minimum sentence for the offense with mitigating circumstances is 15 years imprisonment and a fine of 5,000,000 Frw. The High Court's sentence of 17 years was above this minimum, and further reduction to the statutory minimum was warranted. Precedents cited by the appellant were inapplicable due to legislative changes. Suspension of the fine was not permitted as the imposed sentence exceeded the legal threshold for such relief.
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The statutory minimum penalty for drug trafficking is 15 years imprisonment and a fine of RWF 5,000,000; this cannot be reduced further even for mitigating circumstances, as per Article 2 of Law No. 059/2023.
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The Court of Appeal voided a 2021 donation of land because the donor exceeded the statutory portion allowed by law, and upheld costs against the appellant.
The Court of Appeal held that Benda Rosine’s second appeal was inadmissible because both lower courts dismissed her claim on the same grounds.
The Court of Appeal dismissed a criminal appeal against a defilement conviction, holding that the evidence was sufficient and credible despite the DNA report.
The Court of Appeal dismissed Sebanani Severin’s appeal against a child-defilement conviction, holding the evidence was sufficient and no forensic test on him was required.
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