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Rwanda decisions
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The Court of Appeal dismissed Niyonsaba François’s request to interpret a prior judgment, holding that he was really challenging the merits rather than seeking clarification.
The Supreme Court held that two final judgments over the same property were contradictory, set both aside, and ordered restitution of the purchase prices paid.
The Court of Appeal held that a review on new evidence must be filed before the court that last decided the merits. Mukeshimana’s application was inadmissible.
The Supreme Court dismissed Mpongempite Emmanuel’s claim that two final Gacaca judgments from Nyabitare conflicted, finding only one final judgment for that date.
The Court of Appeal found the conviction unsafe, allowed the appeal, quashed the lower court judgment, and acquitted Rafiki Elie of defilement of a minor.
The Court of Appeal reduced the sentences of Muneza Patrick and Ntakirutimana Martin for cannabis trafficking and acquitted Mupenzi Jean Claude for lack of proof.
The conviction was upheld because the combination of medical reports confirming sexual abuse and STDs in the victims, together with consistent testimonies from the children and their parents, constituted credible and sufficient evidence. The absence of DNA or direct medical evidence linking the accused did not undermine the reliability of the other evidence. The sentence of 20 years' imprisonment was found appropriate and not subject to further reduction.
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The Court of Appeal upheld Niyondamya Malachie's conviction for defilement, finding the evidence sufficient, but reduced his sentence from 19 to 14 years.
The appellant's confession at the prosecution stage, corroborated by eyewitness testimony and consistent circumstantial evidence, established beyond reasonable doubt that he attempted to have sexual intercourse with a five-year-old child, constituting the offence of defilement under Rwandan law, regardless of the absence of physical injury in the medical report.
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The appellant failed to submit grounds of appeal within the statutory period despite having access to the judgment; Covid-19 did not constitute a valid excuse as he was able to file the notice of appeal on time. Therefore, the appeal was inadmissible and the original conviction and sentence stand.
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