RPA 0416/15/HC/NYA

Page |1

THE NYANZA HIGH COURT, AT ITS HEADQUARTERS, HEARING PUBLICLY
CRIMINAL CASES ON APPEAL ON 17/02/2016, DECIDES ON CASE RPA 0416/15 /
HC / NYA AS FOLLOWS.

PARTIES
APPELLANT: HABINSHUTI Jean Claude, son of NZIRABATINYA André and
KANKINDI Marie, born in 1990, in Musekera village, Zivu Cell, Save Sector, Gisagara
District, Southern Province.

THE PROSECUTION is represented by PN UWIZEYE Jean Marie.

SUBJECT: Child rape (Appeal against judgment RP 0123/15 / TGI / HYE)

I. FACTS AND PROCEDURE
[1] On 15/04/2015, NYIRANSABIMANA Olive filed a complaint with the judicial police
alleging that her 14-year-old daughter MUKESHIMANA Laetita was raped by a 25-yearold HABINSHUTI Jean Claude. The investigation started and HABINSHUTI denied the
allegations, but because of witnesses accusing him and a medical report, the case was
referred to the Huye High Court which found the defendant guilty and sentenced him to
life imprisonment with special provisions.

[2] HABINSHUTI Jean Claude was not happy with the decision. He appealed to the
NYANZA High Court. He asserted that he did not commit the offence, that he has a land
dispute with the child’s family, which he suspects to be the true reason of their accusation.
The prosecution argued that the defendant's allegations were baseless because there was
evidence against him.

[3] The Court examined whether HABINSHUTI Jean Claude's allegations of being
wrongly convicted were true.

1|Page

Select target paragraph3