Rwanda Case Law

PROSECUTION v. KAMONYO

Court

Supreme Court

Case number

RPA0073/09/CS

The Supreme Court held that the right to defence is absolute and its violation nullifies the prior judgment. On merits, evidence established Kamonyo's active participation in conspiracy causing death, but absence of prior bad behaviour justified mitigation to eight years' imprisonment.

Source excerpt

• Right to defence
• Conspiracy causing death
• Mitigating circumstances
• Nullification of judgment for procedural violation

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UBUSHINJACYAHA v. KAMONYO

Court

Supreme Court

Case number

RPA0073/09/CS

The Supreme Court nullified the prior judgment for denial of counsel, then re-evaluated the evidence and convicted Kamonyo of conspiracy resulting in homicide.

• Right to legal representation
• Conspiracy resulting in homicide
• Mitigating circumstances
• Nullification of judgment for procedural violation
• Right-to-counsel
• Criminal-appeal

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