UBUSHINJACYAHA v. Sgt SAFARI

UBUSHINJACYAHA v. Sgt SAFARI

The Supreme Court held that, according to Law No. 21/2012, appeals against decisions on recusal of judges are only admissible when joined with appeals on the merits of the case. Since Sgt Safari Kodo appealed the recusal decision independently, the appeal was inadmissible.

Citation
RPAA 0080/14/CS
Parties
Prosecution: Ubushinjacyaha; Defendant: Sgt Safari Kodo
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
18 March 2016
Case Number
RPAA 0080/14/CS
Procedural Posture
Criminal Appeal / Supreme Court Appellate Review of Interlocutory Decision
Outcome
Appeal dismissed as inadmissible
Legal Topics
Recusal of Judge, Appeal Procedure, Interlocutory Decisions
Source Language
en, rw
Criminal Law Civil Procedure Recusal of Judge Appeal Procedure Interlocutory Decisions

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Sgt Safari Kodo

Defendant

Procedural Posture

Criminal Appeal / Supreme Court Appellate Review of Interlocutory Decision

Legal Issues

  1. 1 Whether an appeal against a decision on recusal of a judge can be received independently before the main case is decided

Ratio Decidendi

The Supreme Court held that, according to Law No. 21/2012, appeals against decisions on recusal of judges are only admissible when joined with appeals on the merits of the case. Since Sgt Safari Kodo appealed the recusal decision independently, the appeal was inadmissible.

Court Disposition

Appeal dismissed as inadmissible

Orders

  • The appeal by Sgt Safari Kodo is not received.
  • Court costs are to be borne by the State.