Rwanda Case Law

UBUSHINJACYAHA v UWIZEYIMANA N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RP 00004/2024/SC

The Supreme Court found that Muhire Jean Claude knowingly prepared and signed false valuation reports, Rukundo Rwigemera Prosper facilitated and participated in the forgery and solicited/received a bribe, and Uwizeyimana Marcelline gave a bribe to obtain a loan. The evidence, including witness testimony and documentary proof, established all elements of the offenses. The court applied the more lenient sentencing provisions and ordered all three to jointly compensate GT Bank for losses.

Source excerpt

• Forgery
• Corruption
• Criminal procedure
• Sentencing
• Damages

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Me ICYITEGETSE N’ABANDI v TUYISENGE

Court

Court of Appeal

Case number

RPAA 00338/2023/CA

The Court of Appeal held that only the prosecution may seek criminal penalties in a private prosecution appeal, so the High Court lacked power to convict and sentence. Damages were upheld.

• Private prosecution
• Forgery
• Damages
• Appeal procedure
• Evidentiary standards
• Private-prosecution

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UBUSHINJACYAHA v KINYOGOTE

Court

Court of Appeal

Case number

RS/INJUST/RP 00005/2021/CA

The Court of Appeal upheld Hitimana Hubert’s conviction and prison sentence, but removed compensation for land purchase losses and left only litigation costs.

• Impersonation
• Forgery
• Fraud
• Land sale
• Compensation
• Application of new law

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PROSECUTION v UWIMANIHAYE

Court

High Court

Case number

RS/INJUST/RP 00001/2022/HC/KIG

The failure to summon the civil party, Ntabahejeje Théogène, in the review proceedings constituted a procedural injustice under Article 195 of Law Nº 027/2019, vitiating the judgment. The existence of prior judgments convicting others for the same offence did not qualify as new ground for review since Uwimanihaye Pierre Celestin was aware of them during the original proceedings. The review judgment was therefore invalid, and the original conviction was sustained.

Source excerpt

• Case review
• Summoning of parties
• New evidence
• Fraud
• Forgery
• Damages

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PROSECUTION v UWIMANIHAYE

Court

High Court

Case number

RS/INJUST/RP 00001/2022/HC/KIG

The High Court held that a civil party must be summoned in review proceedings. It found injustice in the review judgment, but upheld the original conviction.

• Review of judgments
• Right to be heard
• Fraud
• Forgery
• Procedural fairness
• Criminal-review

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PROSECUTION v RENZAHO ET AL.

Court

Court of Appeal

Case number

RPAA 00322-00323/2022/CA

The Court of Appeal held that the Prosecution and FX Tugirane Ubumwe Mining Co Ltd failed to show reliance on a non-existent law, so their second appeal was inadmissible.

• Jurisdiction of courts
• Second appeal
• Forgery
• Fraud
• Pledging of property
• Non-existent law

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UBUSHINJACYAHA v. NYIRAZANINKA

Court

Court of Appeal

Case number

RS/INJUST/RP 00002/2022/CA

The court found that Nyirazaninka knowingly misled authorities to obtain a duplicate land certificate for property she knew had been sold, constituting the offense of obtaining an official document by fraud. However, as the offense had no serious consequences, she had no prior convictions, and significant time had passed, the sentence was reduced and suspended.

Source excerpt

• Forgery
• Obtaining official documents by fraud
• Mitigating circumstances
• Appeal for injustice

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RLR V. 1- 2023

Court

Supreme Court

The Court held that use of a forged document was a continuing offence, so prosecution was not time-barred. Gahima was convicted; Munyakarama was acquitted.

• Continuing offence
• Forgery
• Use of forged document
• Prescription of criminal action
• Private prosecution
• Continuing-offence

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UBUSHINJACYAHA v ITANGISHAKA

Court

High Court

Case number

RPA 00171/2022/HC/MUS

The court held that, in light of the appellant's admission of guilt and remorse on appeal, and in accordance with the principle that valid mitigating circumstances allow for sentencing below the statutory minimum, the sentence should be reduced from six years to three years' imprisonment.

Source excerpt

• Mitigating circumstances
• Forgery
• Sentencing
• Appeal procedure

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UBUSHINJACYAHA v. NDAHUMBA N’ABANDI

Court

Intermediate Court

Case number

RP 00372/2020/TGI/GSBO

The court upheld convictions in a COPCOM procurement scheme involving inflated prices, payments for unfinished or nonexistent works, and false documents.

• Embezzlement
• Misuse of public property
• Forgery
• Cooperative management
• Public procurement irregularities
• Misuse-of-public-property

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