Rwanda Case Law

Re. KABASINGA N’UNDI

Court

Supreme Court

Case number

RS/INCONST/SPEC 00005/2020/CS

The Supreme Court held that Article 84(4), Article 92 (insofar as it prohibits reduction of sentence for mitigating circumstances), and Article 133(3) of Law No 68/2018 are unconstitutional for violating the principle of legality, the right to a fair trial, and judicial independence. Article 271 and Article 256 were found not to violate the Constitution, as their limitations are justified and proportionate to legitimate aims, including the protection of the administration of justice.

Source excerpt

• Principle of legality
• Judicial independence
• Fair trial rights
• Freedom of expression
• Criminal procedure
• Sentencing discretion

Read case analysis

Re. MUTSINDASHYAKA

Court

Supreme Court

Case number

RS/ INCONST/PEN 0001/10/CS

The Supreme Court held that article 176 of Rwanda’s public procurement law was not unconstitutional for separating prohibited acts from penalties.

• Constitutionality of statutes
• Principle of legality
• Public procurement offenses
• Judicial interpretation
• Constitutionality-of-statutes
• Principle-of-legality

Read case analysis

Re MUTSINDASHYAKA

Court

Supreme Court

Case number

RS/ INCONST/PEN 0001/10/CS

Article 176 of Law N°12/2007 on Public Procurement does not violate Articles 18 and 20 of the Constitution. The law sufficiently defines prohibited acts in preceding articles and prescribes penalties in Article 176. It is not necessary for the offence and penalty to be in the same provision. Judicial interpretation of unclear statutes does not render them unconstitutional.

Source excerpt

• Principle of legality
• Clarity of criminal offences
• Constitutionality of statutes
• Public procurement offences

Read case analysis