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Rwanda Case Law

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Criminal law RS/REV/RP 00060/2024/CA

UBUSHINJACYAHA v BAZAMBANZA

The Court held that the testimony of Mukamukama Béatrice does not constitute new evidence within the meaning of Article 197, as the issue of Maman Queen was already raised and litigated in previous proceedings, and the testimony lacks the decisive character required to overturn the prior judgment. Therefore, the application for review is inadmissible.

  • Review of judgment
  • New evidence
  • Drug trafficking
  • Procedural bars
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Criminal law RS/REV/RP 00067/2024/CA

BIENVENU v. UBUSHINJACYAHA

The applicant's alleged new evidence (trial transcript) is not new, as he was present and signed it at trial. The grounds do not meet the statutory requirements for review. The application is inadmissible.

  • Sexual offences
  • Review of judgments
  • New evidence
  • Ultra petita
  • Sentencing
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Criminal law RS/REV/RP 00068/2024/CA

UBUSHINJACYAHA v. BYUKUSENGE

The application for revision is inadmissible because the cited precedent on sentence reduction is not new evidence as defined by law; it does not relate to facts of the crime or establish innocence, but is a legal argument that should have been raised on appeal. The requirements of Article 197(5) are not met.

  • Revision of criminal judgments
  • New evidence
  • Sentencing
  • Admissibility of evidence
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Criminal law RS/REV/RP 00048/2024/CA

UBUSHINJACYAHA v MUKESHIMANA

The Court of Appeal held that a review on new evidence must be filed before the court that last decided the merits. Mukeshimana’s application was inadmissible.

  • Review of judgments
  • Jurisdiction
  • New evidence
  • Drug offences
  • Criminal-procedure
  • Review-of-judgments
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Criminal law RS/REV/RP00074/2024/CA

UBUSHINJACYAHA VS HAVUGIMANA

The Court of Appeal held that the review application was filed out of time because the alleged new evidence was already available earlier and was not shown to be inaccessible.

  • Review of final judgment
  • New evidence
  • Procedural time limits
  • Criminal-procedure
  • Review-of-final-judgment
  • New-evidence
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Criminal law RS/REV/RP 00072/2024/CA

UBUSHINJACYAHA v BUCYENSENGE

The Court of Appeal dismissed a criminal review application, holding that a later paternity judgment was not new evidence capable of overturning a defilement conviction.

  • Review of criminal judgments
  • New evidence
  • Sexual offences against minors
  • Criminal-procedure
  • New-evidence
  • Criminal-review
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Criminal law RS/REV/RP 00004/2024/CA

UBUSHINJACYAHA vs HABUMUGISHA

The Court of Appeal held that the evidence relied on to reopen the case was not new and dismissed Habumugisha Hamza’s application for review.

  • Human trafficking
  • Review of judgment
  • New evidence
  • New-evidence
  • Review-of-judgment
  • Human-trafficking
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Criminal law RS/REV/RP 00061/2024/CA

UBUSHINJACYAHA v. TWAGIRIMANA

The application for review is inadmissible because the judgment sought to be reviewed (RPAA 00110/2018/CA) was not decided on the merits by the Court of Appeal, but dismissed for lack of jurisdiction; only the High Court judgment (RPA 00519/2017/HC/NYZ) was decided on the merits and could be subject to review.

  • Review of criminal judgments
  • New evidence
  • Jurisdiction
  • Procedural requirements
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Criminal law RS/REV/RP 00062/2024/CA

UBUSHINJACYAHA v. TWAHIRWA

The Court of Appeal held that evidence already debated in earlier proceedings is not new evidence, and dismissed Twahirwa Aimable’s review application as inadmissible.

  • Review of judgments
  • New evidence
  • Sexual offences
  • Child protection
  • Criminal-procedure
  • New-evidence
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Criminal law RS/REV/RP/ECON00008/2021/HC/KIG

UBUSHINJACYAHA v. HAKIZIMANA

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
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Rwanda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.