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The Court of Appeal held that a convicted person ordered to be retried on grounds of injustice is released pending retrial without a separate application.
The Court of Appeal held that NSABIMANA Marcel could be provisionally released while awaiting retrial on grounds of injustice under Article 64(2).
Given the identical factual and legal circumstances to prior cases, and the clear provision of Article 64(2) of Law No. 30/2018, Hitimana Hubert is entitled to provisional release pending retrial after the President of the Supreme Court authorized the retrial on grounds of injustice.
Source excerpt
The Court of Appeal held that it is bound by the Supreme Court's interpretation in RP 00003/2018/SC, which entitles a person granted a retrial on grounds of injustice to provisional release pending the new trial. The facts of Bado Bede's case are materially identical to those in the Supreme Court precedent, and there is no new law overruling that precedent. Therefore, Bado Bede must be released provisionally while awaiting retrial.
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Semapondo Charles failed to provide sufficient evidence that the payment he made to Koperative Goboka in 2007 was for the specific plot 1418 in dispute. The documentary and testimonial evidence did not establish a direct link to the disputed plot, whereas Rwasimpenzi Wellars presented clear, official documents and registration proving ownership. Therefore, there was no injustice in the prior Court of Appeal decision, and the application for retrial was dismissed.
Source excerpt
The Court of Appeal held that Mukarugwiza Ruth’s retrial claim on grounds of injustice was justified and that auction proceeds must first satisfy her loan.
Where the Supreme Court President has ordered a retrial on grounds of injustice and the original judgment is not yet fully executed, execution is suspended by law and the convicted person must be granted provisional release pending the retrial, in accordance with Article 64(2) of Law No. 30/2018 and binding precedent.
Source excerpt
The Supreme Court held that the Prosecution’s retrial application was governed by the law in force when filed, and dismissed the preliminary objection as unfounded.
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