UBUSHINJACYAHA v MAJYAMBERE

UBUSHINJACYAHA v MAJYAMBERE

The conviction was upheld because the testimony of the police officer who received the bribe was credible, corroborated by other officers, and the unsigned seizure report did not invalidate the evidence. The law does not require multiple witnesses or signed seizure reports if the substance of the evidence is reliable. The defendant failed to provide convincing rebuttal evidence. However, as a first-time offender with a sentence below five years and no serious consequences from the offence, the custodial sentence was suspended for three years.

Citation
RPA/ECON 00175/2024/HC/KIG
Parties
Prosecution: Ubushinjacyaha; Defendant: Majyambere Jean d’Amour
Court
High Court
Jurisdiction
Rwanda
Judgment Date
24 October 2025
Case Number
RPA/ECON 00175/2024/HC/KIG
Procedural Posture
Criminal Appeal / High Court Appellate Judgment
Outcome
Appeal dismissed in part, sentence varied
Legal Topics
Corruption, Evidence, Appeal, Sentencing, Procedural Law
Source Language
rw
Criminal Law Corruption Evidence Appeal Sentencing Procedural Law

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Majyambere Jean d’Amour

Defendant

Procedural Posture

Criminal Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether conviction can be based on testimony of a single witness and unsigned seizure report
  2. 2 Whether the defendant should be acquitted or have sentence reduced or suspended

Ratio Decidendi

The conviction was upheld because the testimony of the police officer who received the bribe was credible, corroborated by other officers, and the unsigned seizure report did not invalidate the evidence. The law does not require multiple witnesses or signed seizure reports if the substance of the evidence is reliable. The defendant failed to provide convincing rebuttal evidence. However, as a first-time offender with a sentence below five years and no serious consequences from the offence, the custodial sentence was suspended for three years.

Court Disposition

Appeal dismissed in part, sentence varied

Orders

  • Conviction for bribery (giving a bribe) upheld
  • Original custodial sentence of 2 years and 6 months suspended for 3 years