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Rwanda decisions
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The Court of Appeal found the second appeal inadmissible because the appellant had already lost in the lower courts on the same ground: failure to prove the land’s origin.
The Court of Appeal held that a life sentence reduced for mitigating circumstances cannot go below 15 years. Twizeyimana’s further appeal was dismissed.
The Court of Appeal upheld Niyonsenga Bosco’s conviction for defilement, holding that his investigative confession was reliable and the medical report did not negate the offence.
The appeal was not based solely on the clarification decision but sought to challenge the principal judgment after the statutory appeal period had expired. The law does not permit using clarification or correction as a means to reopen appeal of the main judgment after the deadline. Therefore, the appeal was inadmissible for being out of time.
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The Court of Appeal dismissed a criminal appeal, holding that a sentence already reduced to the statutory minimum cannot be reduced further, and that the mandatory fine remained payable.
The Court of Appeal upheld a trafficking conviction for Munyaneza Amos, finding that 1 kg of cannabis brought from Tanzania indicated distribution rather than personal use.
The Court found that both lower courts dismissed applicant's claims on the same substantive ground—failure to prove origin of the disputed land—making the second appeal inadmissible under Article 52(3) Law No 30/2018. Differences in evidence or statutes cited do not alter the sameness of the grounds.
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The sentence imposed on Ndacyayisenga Ismaël is the minimum permitted by law for the offence, given the established mitigating circumstances. Further reduction or suspension is legally barred.
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The Court of Appeal dismissed Sindizera’s review request, holding that he could not raise a new injustice ground and that the pension dispute was governed by the special pension law.
The minimum sentence for drug trafficking with mitigating circumstances is 15 years imprisonment and a fine of 5,000,000 Frw. The lower court correctly imposed the minimum custodial sentence, but the fine should be reduced to the statutory minimum. Suspension of the sentence is not permitted as the custodial term exceeds five years.
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