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Rwanda Case Law

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Constitutional law

RLR V. 2- 2025

Court
Supreme Court

Article 81, paragraph one, of Law no 22/2018 is not inconsistent with the Constitution, as it lawfully confers jurisdiction on the court where contempt occurs and does not violate the right to appear before a competent court or the principle against self-judging. However, paragraph two of Article 81, which allows immediate punishment for contempt of court without informing the accused of the charges or allowing defence and legal representation, is inconsistent with Article 29(1)(a) of the Constitution. The Court ordered that Article 81 be supplemented to require that the accused be informed o…

Source excerpt

  • Due process of law
  • Contempt of court
  • Presumption of innocence
  • Right to appeal
  • Judicial independence
  • Public hearings
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Constitutional law RLR V.2-2025

Re MIRONKO

Court
Supreme Court
Case number
RS/INCONST/SPEC00005/2023/SC

Article 81, paragraph 2, of Law No 22/2018 is unconstitutional as it denies the accused the right to be informed of the charges, to defend themselves, and to be represented by counsel, contrary to Article 29(1)(a) of the Constitution. The absence of a hearing before summary punishment for contempt in court violates fair trial guarantees. However, paragraph 1 of Article 81 does not contravene the Constitution regarding the allocation of jurisdiction or the right to appeal, as statutory law permits the court where contempt occurs to try the offence, and the limitation on appeal from the Supreme…

Source excerpt

  • Fair trial rights
  • Contempt of court
  • Judicial independence
  • Right to legal representation
  • Right to be informed of charges
  • Right to appeal
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Constitutional law RLR V.2-2025

Re MIRONKO

Court
Supreme Court
Case number
RS/INCONST/SPEC00005/2023/SC

Article 81, paragraph one, of Law no 22/2018 is not inconsistent with the Constitution regarding jurisdiction, right to appear before a competent court, right to appeal, public hearings, or prohibition of self-judging. However, Article 81, paragraph two, is inconsistent with Article 29(1)(a) of the Constitution as it denies the accused the right to be informed of the nature and cause of the charge, the right to defence, and the right to legal representation. The unconstitutional portion is declared without effect and replaced with a procedure ensuring these rights.

Source excerpt

  • Due process
  • Contempt of court
  • Right to fair trial
  • Judicial independence
  • Public hearings
  • Right to legal representation
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Rwanda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.