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Rwanda decisions
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The High Court upheld most of the lower court ruling, confirmed unlawful dismissal, refused reinstatement because the post had been lawfully filled, and awarded compensation and costs.
The Supreme Court held that Tabaruka’s six-month provisional detention period was counted from arrest, so his summary separation was lawful, but unpaid social security contributions were owed.
Ndakengerwa Gasana Aimable was lawfully dismissed for gross misconduct, specifically for attempting to use his position to detain a person for personal reasons, which constitutes a serious disciplinary fault aggravated by his status as a senior official. The closing of the criminal file did not preclude disciplinary action. The sanction of dismissal was appropriate, proportionate, and imposed following the correct legal procedure, including consultation with the relevant ministry.
Source excerpt
The Supreme Court upheld the dismissal of a Kigali City official, holding that criminal case closure did not bar disciplinary action and that the sanction was lawful.
The Supreme Court held that closure of the criminal file did not bar discipline and upheld the dismissal of a Kigali City director for gross misconduct.
The Supreme Court held that a contracted head of a state institution was governed by the public service statute, upheld unlawful dismissal, and adjusted damages.
The Supreme Court held that a higher-ranking public institution employee on contract is governed by the public service statute, and upheld only part of the dismissal damages.
The High Court upheld an embezzlement conviction, rejected a double-jeopardy argument based on disciplinary sanctions, and reduced and suspended the sentence.
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