CASE RPA 00389/2016/HC/KIG Page |1 THE HIGH COURT, AT ITS HEADQUARTERS IN KIGALI, HEARING CRIMINAL CASES ON APPEAL, DECIDES PUBLICLY ON CASE RPA 00389/2016/HC/KIG AS FOLLOWS: PARTIES MBONABUCYA Emmanuel (Appellant), son of Gakera and Musabyimana, born in 1975, resides in Rukoma Village, Mugote Cell, Ngoma Sector, Rulindo District Versus PROSECUTION OFFENCE: Cohabitation with a minor, an offence provided for and punishable by Article 194 of Organic Law no 01/2012 of 02/05/2012 establishing the Penal Code of Rwanda I. FACTS AND PROCEDURE 1. Mbonabucya was arrested and accused of cohabitation with a 17-year-old Muharushema Yvonne, an offence he confesses but explains that the cohabitation was consensual and that he thought Mukarushema was 18 years. 2. In the Gicumbi High Court, Mbonabucya was sentenced to 10 years of imprisonment pursuant to Article 194 of the Penal Code. 3. Mbonabucya Emmanuel appealed requesting that his sentence be reduced to 1 years on the grounds that he pleaded guilty, and that he is caring of orphans. The Prosecution submits that his sentence had been sufficiently reduced. The Court proceeds to examine whether Mbarushimana’s sentence has be reduced. II. COURT ANALYSIS With respect to the reduction of sentences 4. MBONABUCYA Emmanuel asks for a reduced sentence up to 1 year on the grounds that he cohabited with Mukarushema ignoring she was a child, that he now understands the gravity of his offence, and that he is caring for orphans.