Rwanda Case Law

UBUSHINJACYAHA v. HABYARIMANA

Court

Court of Appeal

Case number

RPAA/ECON 00003/2022/CA

The Court of Appeal held that the second appeal was inadmissible because the lower courts did not apply a law that was not in force at the time of the offence. The issue raised by the appellant concerned non-compliance with legal provisions, which is not a valid ground for a second appeal under Rwandan law. The correct law (Organic Law No. 01/2012/OL, Article 325) was applied, and any procedural errors do not justify a second appeal.

Source excerpt

• Embezzlement
• Application of repealed law
• Double jeopardy in appeals
• Statutory interpretation

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UBUSHINJACYAHA v. HABYARIMANA

Court

Court of Appeal

Case number

RPAA/ECON 00003/2022/CA

The second appeal was inadmissible because the alleged errors related to non-compliance with legal provisions, not the application of a non-existent law. Such errors do not justify a second appeal under Rwandan law. The lower courts applied the law in force at the time of the offence, and any procedural irregularities should be addressed through other legal remedies, not a second appeal.

Source excerpt

• Embezzlement
• Application of repealed law
• Admissibility of second appeal
• Mitigation of penalty
• Procedural irregularities

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UBUSHINJACYAHA v BASHEER N’UNDI

Court

Court of Appeal

Case number

RPAA 00167/2022/CA

The Court of Appeal dismissed Haythem Ahmed Ali’s appeal for lack of jurisdiction, finding the High Court had not based its decision on a repealed law.

• Appeals
• Jurisdiction
• Sentencing
• Damages
• Application of repealed law
• Criminal-appeals

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