UBUSHINJACYAHA v KANKINDI

UBUSHINJACYAHA v KANKINDI

The court held that Kankindi Joselyne's actions—transporting the victim from Burundi through Rwanda to Uganda, with the intent to deliver her for exploitative purposes and for personal gain—constituted the crime of human trafficking under Rwandan law. The victim's consent or awareness was immaterial, as the law focuses on the accused's conduct and intent. The evidence, including statements and corroborating testimony, established the elements of trafficking beyond reasonable doubt.

Citation
RPA 00016/2019/CA
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: Kankindi Joselyne
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
23 October 2020
Case Number
RPA 00016/2019/CA
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Trafficking in Persons, Elements of Trafficking, Consent of Victim, Sentencing, Appeal Procedure
Source Language
en, rw
Criminal Law Human Trafficking Trafficking in Persons Elements of Trafficking Consent of Victim Sentencing Appeal Procedure

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Kankindi Joselyne

Appellant/accused

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for human trafficking was proper given the evidence and arguments on consent and intent
  2. 2 Whether the lower court erred in relying on the victim's statements allegedly containing contradictions
  3. 3 Whether the acts constituted trafficking or only attempted trafficking

Ratio Decidendi

The court held that Kankindi Joselyne's actions—transporting the victim from Burundi through Rwanda to Uganda, with the intent to deliver her for exploitative purposes and for personal gain—constituted the crime of human trafficking under Rwandan law. The victim's consent or awareness was immaterial, as the law focuses on the accused's conduct and intent. The evidence, including statements and corroborating testimony, established the elements of trafficking beyond reasonable doubt.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • The appeal by Kankindi Joselyne is dismissed as unfounded.
  • The judgment of the High Court (RP 00030/2018/HC/HCCIC of 14/11/2018) is upheld without modification.