Appeal No. 1 of 2021 Dr Mpozayo Christophe v The Attorney General of the Republic of Rwanda

Coming up for hearing: 17th February 2022.

Appeal filed: on 28th November 2019.

Rule: 97(3) of the East African Court of Justice Rules of Procedure, 2019.

Subject matter:  Alleged unlawful arrest, detention, trial and imprisonment.

The Appellant, Dr Mpozayo Christophe dissatisfied with a decision of the First Instance Division delivered on 28th September 2018 in Reference No. 10 of 2014 Dr Mponzayo Christophe vs the Attorney General of the Republic of Rwanda appealed to the Appellate Division against the whole of the said decision on grounds that, the Honourable Court erred in law on the following;

  1. In not pronouncing themselves on the issue that, his detention was unconstitutional, irregular and bad in law and, rendered the trial untenable and unconstitutional as statutory document authoring it had expired and was not capable of renewal under the laws of Rwanda.
  2. In ignoring there were certified copies of proceedings on record from the trial court in the Republic of Rwanda and needed not to insist which party produced the same.
  3. In abdicating its jurisdiction and being reluctant to fault the trial judge in the Municipal Court even after having appreciated that its role was to exercise judicial review.
  4. In finding its jurisdiction of judicial review should draw a distinction between organs of state.
  5. In failing to appreciate that its jurisdiction extended to questioning the judicial decisions of national courts.
  6. In not appreciating a very basic principle of law that a Prosecutor cannot also be a witness in the same case.
  7. In failing to appreciate that there was no single witness called to testify and there was no basis for the trial Judge to admit evidence tendered by the Prosecutor.
  8. In failing to appreciate that skype messages and emails on record had footnotes a clear indication of being tampered with by the Prosecution to prejudice the Appellant.
  9. In ignoring the express provisions of the Rwandan law on admission of electronic evidence and not appreciating that, the Prosecution had not only tampered with the evidence but also did not call any witness.
  10. In failing to appreciate that, the Appellant was denied the right to due process of law in that, no witness was brought to testify and be cross examined by him, adversarial system envisages the production of witnesses for examination in chief and cross examination and he was detained against the express provisions of law rendering his trial untenable, unconstitutional and therefore null and void.

The Appellant therefore pray for orders that;

  1. The Judgment entered by the First Instance Division on 28th September 2018 be set aside.
  2. A declaration that, the Appellant’s detention and trail contravened the provisions of Articles 6(d) and 7(2 of the Treaty for the Establishment of the East African Community.
  3. A declaration that the Appellant’s trial and conviction was done in contravention of the law.
  4. The decision of the trial court to convict the Appellant and sentence him to serve 10 years imprisonment be quashed.
  5. A declaration that the Appellant’s continued imprisonment is unlawful and an order that he be set free.
  6. A declaration that the Appellant is entitled to damages and costs.

This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit http://www.eacj.org

Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org