Rwanda Case Law

RLR-V.4-2019

Court

Supreme Court

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

• Disciplinary sanctions
• Gross misconduct
• Criminal liability and disciplinary proceedings
• Aggravating circumstances
• Dismissal of public servants

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KIGALI CITY v NDAKENGERWA GASANA

Court

Supreme Court

Case number

RS/REV/INJUST/RAD00005/2018/SC

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.

• Disciplinary sanctions
• Gross misconduct
• Criminal vs disciplinary liability
• Leadership code of conduct
• Dismissal of public servants
• Disciplinary-sanctions

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NSHUNGUYINKA v. RWANDA SOCIAL SECURITY BOARD (RSSB)_303665_en

Court

Supreme Court

Case number

RADA0066/12/CS

The Supreme Court upheld the dismissal of a public servant who refused to take the statutory oath, and rejected both the appeal and the cross appeal.

• Dismissal of public servants
• Oath of office
• Freedom of belief
• Jurisdiction of administrative courts
• Replacement of parties on appeal
• Administrative-law

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