UBUSHINJACYAHA v. UWAYO N’ABANDI

UBUSHINJACYAHA v. UWAYO N’ABANDI

The accused had been detained for longer than the maximum sentence prescribed for the offence of failure to report a serious crime; therefore, under Article 96 of the criminal procedure law, they must be released to await trial out of custody without additional conditions.

Citation
RP 00003/2022/HC/HCCIC
Parties
Prosecution: Ubushinjacyaha; Accused: Uwayo Faida Ibrahim; Accused: Nikuze Afissa; Accused: Muhawenimana Eric Adri; Accused: Mousa Ally Nizzar
Court
High Court
Jurisdiction
Rwanda
Judgment Date
1 December 2022
Case Number
RP 00003/2022/HC/HCCIC
Procedural Posture
Criminal / Interlocutory Application for Bail/release Pending Trial
Outcome
application granted
Legal Topics
Pre Trial Detention, Bail, Maximum Detention Period, Failure to Report a Crime
Source Language
rw
Criminal Law Criminal Procedure Pre Trial Detention Bail Maximum Detention Period Failure to Report a Crime

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Uwayo Faida Ibrahim

Accused

Nikuze Afissa

Accused

Muhawenimana Eric Adri

Accused

Mousa Ally Nizzar

Accused

Procedural Posture

Criminal / Interlocutory Application for Bail/release Pending Trial

Legal Issues

  1. 1 Whether the accused should be released pending trial after exceeding the statutory maximum period of pre-trial detention

Ratio Decidendi

The accused had been detained for longer than the maximum sentence prescribed for the offence of failure to report a serious crime; therefore, under Article 96 of the criminal procedure law, they must be released to await trial out of custody without additional conditions.

Court Disposition

application granted

Orders

  • The accused Uwayo Faida Ibrahim, Nikuze Afissa, Muhawenimana Eric Adri, and Mousa Ally Nizzar are to be released and will await trial out of custody.