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• Application of repealed law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

Read case analysis

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• Application of repealed law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

Read case analysis

UBUSHINJACYAHA v. HAKIZIMANA

Court

High Court

Case number

RS/REV/RP/ECON00008/2021/HC/KIG

The High Court dismissed Hakizimana John’s application to revise his criminal conviction, holding that the FECOMIRWA audit report was not new decisive evidence.

• Revision of criminal judgments
• New evidence
• Embezzlement
• Burden of proof
• Criminal-procedure
• New-evidence

Read case analysis

UBUSHINJACYAHA vs NIZEYIMANA

Court

High Court

Case number

RPA/ECON 00085/2021/HC/KIG

The court found that Nizeyimana Jean Marie Vianney did not provide credible evidence of loss or theft and that the prosecution's evidence, including witness testimony and documentary proof, established embezzlement. The sentence was reduced due to first-offender status and proportionality, and restitution was ordered for the net embezzled amount.

Source excerpt

• Embezzlement
• Evidence law
• Sentencing
• Appeal procedure

Read case analysis

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

Read case analysis

UBUSHINJACYAHA v MAGARA GAHAKWA N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/RP 00001/2020/SC

The Supreme Court held that Kamanzi Charlotte and Magara Gahakwa John, having acted to assist authorities and provided key information, are acquitted under whistleblower protection. The remaining defendants, having been convicted of related crimes (embezzlement, corruption), must jointly pay full restitution to SONARWA, regardless of the absence of a civil claim, as the law allows restitution in criminal cases. The amount is based on the internal audit, which was not effectively rebutted.

Source excerpt

• Embezzlement
• Corruption
• Joint liability
• Restitution
• Miscarriage of justice
• Internal audit evidence

Read case analysis

PROSECUTION v MAGARA ET AL.

Court

Supreme Court

Case number

RS/INJUST/RP 00001/2020/SC

The Supreme Court held that only parties who applied for review due to injustice may seek changes, unless indivisibility is shown; incidental applications were inadmissible.

• Judgment review
• Injustice
• Incidental applications
• Embezzlement
• Corruption
• False documents

Read case analysis

RRA v. NDEKEZI v HEIFER PROJECT INTERNATIONAL-RWANDA

Court

Supreme Court

Case number

RCOMA 0031/11/CS

The Supreme Court held both parties vicariously liable for their employees’ faults in a tax-payment dispute, ordered Heifer Project International-Rwanda to pay half the tax liability, and denied damages.

• Vicarious liability
• Embezzlement
• Tax payment dispute
• Damages
• Joint liability
• Vicarious-liability

Read case analysis

IKIGO CY’IMISORO N’AMAHORO v. HEIFER PROJECT INTERNATIONAL RWANDA Ltd

Court

Supreme Court

Case number

RCOMA 0031/11/CS

The Supreme Court held that both parties’ employees caused the loss of tax funds, so the burden was shared and HEIFER had to pay half of the claimed amount.

• Employer liability
• Embezzlement
• Tax payment
• Joint liability
• Procedural costs
• Tax-payment-dispute

Read case analysis

UBUSHINJACYAHA v. SIBOMANA

Court

High Court

Case number

RPA 0470/14/HC/KIG

The High Court held that an authorized audit report proved forgery and embezzlement, reversed acquittals, convicted the respondents, and imposed sentence and restitution.

• Embezzlement
• Forgery
• Audit evidence
• Cooperative management
• Audit-evidence
• Cooperative-law

Read case analysis