CASE RPAA 0034/09 / CS

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THE SUPREME COURT SITTING IN KIGALI, HEARING PUBLICLY CRIMINAL
CASES ON 25/03/2011, DECIDES ON CASE RPAA 0034/09 / CS AS FOLLOWS:
1. PARTIES
PROSECUTION
Versus
APPELLANT: NGABONZIZA Emmanuel, son of Kaganji and Mukaleta, born in 1986,
living in Ngoma Cell, Bushekeri Sector, Nyamasheke District, Western Province.

2. OFFENCE
Having on 29/01/2006, in Rwabuhizi, Bushekeri Sector, Nyamasheke District,
Western Province, raped a 14-year-old girl named Nyiransabimana Françoise, offense
provided for and punishable by Article 34 of Law Nº 27/2001 of 28/04/2001 Relating
to Rights and Protection of the Child Against Violence.
-------------------------------------------------------------------------------------------------I.

FACTS AND PROCEDURE
1. Ngabonziza Emmanuel was convicted for rape of a 14-year-old girl named
Françoise Nyiransabimana by the Cyangugu High Court and sentenced to twenty
years of imprisonment with a fine of 100,000 Frw. Deciding on the appeal of
Ngabonziza Emmanuel, the High Court, Rusizi Chamber, held that the merits of
the first judgment remain unchanged.

2. Ngabonziza appealed to the Supreme Court alleging that the High Court refused
to reduce his sentence whereas he pleaded guilty, urging this Court to convict him
of rape on the grounds that his crime has gone viral. He also submits that the High
Court relied on a birth certificate that contradicted the child's father's statement.

3. The hearing took place on 23/02/2011, Ngabonziza Emmanuel defending himself
and the Prosecution represented by Habineza Jean Damascène.
II.

ANALYSIS OF THE ISSUES RAISED IN THE CASE

a. Whether the High Court sentenced Ngabonziza on the basis of a birth certificate
contradicting Nyiransabimana's father's statement

4. Ngabonziza alleges that the Court erred in relying on the birth certificate issued
by the Bushekeri Sector administration stating that Nyiransabimana was born in

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