RPA 0462/15/HC/NYA

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THE NYANZA HIGH COURT, AT ITS HEADQUARTERS, HEARING PUBLICLY
CRIMINAL CASES AT THE APPELLATE LEVEL, DECIDES ON CASE RPA 0462/15 /
HC / NYA ON 29/01/2016 AS FOLLOWS

PARTIES
APPELANT: NSEKANABO Anselme, son of MUNYEBAKWE and KANKINDI, born in
1973, lives in Nyamiyongo Village, Kimirama Cell, Busoro Sector, Nyanza District,
Southern Province, assisted by Barrister SEMUHOZA Victor
Versus
THE PROSECUTION, represented by PN UWIZEYE Jean Marie.

SUBJECT: Child defilement (Application for review of Case No. RPA 0410/14/HC/
NYA)

I. FACTS AND PROCEDURE
[1] NSEKANABO Anselme, a former teacher, was charged by the Prosecution with
sexually assaulting an 8-year-old student. He argued for the first time in the Muhanga
High Court, which found him guilty and sentenced him to an imprisonment of twenty
years. He appealed to the High Court stating that he had been convicted of a crime he
did not commit, adding that there was no evidence against him. The High Court ruled
that his appeal was unfounded, and confirmed the first judgment.
[2] NSEKANABO Anselme applied for a review of the judgment RPA 0410/14/HC/
NYA alleging that a report of his co-workers proves that he was convicted for a crime he
did not commit.
[3] The issue to be considered in this case is whether the report that produced after the
judgement can be a ground for review.

II. ANALYSIS OF THE ISSUE ARISING IN THE CASE
Determining whether the report produced after the judgement is a ground for review

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