CASE RPA 00389/2016/HC/KIG

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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.

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