CASE RPA 0037/11 / HC / MUS Page |2 presence of both parties who received notification of the date of its reading which Rwangano Benimana signed before leaving the Court room. The judgment was read on the day given to the parties. However, Rwangano Benimana appealed after a period of two years, and the time limit for appeal is only thirty days as provided for in article 165 of Law n ° 13/2004 of 17/05/2004 relating to Criminal Procedure Code as modified and supplemented by Law n ° 20/2006 of 22/04/2006. The prosecution requests that the appeal of Rwangano Benimana to the High Court be dismissed. [4] In his explanations, Rwangano Benimana said that on the day of the reading of the judgment, the prison administration did transport him to Court and the judgment was read in his absence; he waited to be notified of the judgment in vain; he later wrote to the Prison Clerk informing that authority the absence of notification; and after he was informed of the outcome he appealed against the judgment. Rwangano Benimana was asked if he can provide copy of the letter filed with the Prison Administration requesting help to determine the outcome of the case RP 0026/09 / TGI / RBV, and he replied that he left the letters in Gisenyi Prison when he was transferred to Ruhengeri Prison where he was due to stay for trial. The hearing was adjourned to give Rwangano Benimana opportunity to submit the letters to the court for consideration. [5] Case RP 0026/09 / TGI / RBV was heard on 20/07/2009 in the presence of the parties, who were informed that the verdict of the court would be read on 13/08/2009 at 2:00 pm and indeed the same day the case was read. Article 165 of Law n ° 13/2004 of 17/05/2004 relating to Criminal Procedure Code as amended and supplemented by Law n ° 20/2006 of 22/04/2006, states that an appeal must be made within thirty (30) days following the date of the judgment in respect of the party present or represented at the time of the adjudication. For detainees, the last paragraph of Article 166 of the aforementioned Law n ° 13/2004 of 17/05/2004 authorizes them to submit written appeal to the Director of Prison and the date of receipt of the letter of appeal is considered to be the day of appeal. The day of appeal in this case is calculated from 27/01/2011 as it is the date on which Rwangano Benimana wrote his appeal letter which is also the date on which the Prison Administration received it. [6] The judgment RP 0026/09 / TGI / RBV appealed against was issued by the Rubavu High Court on 13/08/2009, and the letter of appeal of Rwangano Benimana was forwarded to the Prison Administration on 27/01/2011. Therefore, in the light of the foregoing, Rwangano Benimana's appeal recorded under RPA 0037/11 / HC / MUS was filed after the deadline for appeal as provided for under the above mentioned article; and