RLR - V.2 -2020

RLR - V.2 -2020

Article 133(5) of Law Nº 68/2018, by mandating a life sentence for child defilement followed by cohabitation and prohibiting consideration of mitigating circumstances, violates the right to due process and judicial independence as guaranteed by articles 29 and 151 of the Constitution. The provision is therefore unconstitutional and without effect.

Parties
Petitioner: Kabasinga Florida; Respondent: Republic of Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
30 April 2020
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition allowed; impugned provision declared unconstitutional
Legal Topics
Due Process, Mandatory Sentencing, Judicial Independence, Fair Trial, Mitigating Circumstances
Source Language
en, rw, fr
Constitutional Law Criminal Law Due Process Mandatory Sentencing Judicial Independence Fair Trial Mitigating Circumstances

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Parties

Kabasinga Florida

Petitioner

Republic of Rwanda

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether article 133, paragraph five of Law Nº 68/2018, which imposes a mandatory life sentence for child defilement followed by cohabitation, is inconsistent with articles 29 and 151 of the Constitution of Rwanda.

Ratio Decidendi

Article 133(5) of Law Nº 68/2018, by mandating a life sentence for child defilement followed by cohabitation and prohibiting consideration of mitigating circumstances, violates the right to due process and judicial independence as guaranteed by articles 29 and 151 of the Constitution. The provision is therefore unconstitutional and without effect.

Court Disposition

petition allowed; impugned provision declared unconstitutional

Orders

  • Article 133, paragraph five of Law Nº 68/2018 is declared inconsistent with articles 29 and 151 of the Constitution and is without effect.
  • This judgment shall be published in the Official Gazette.