REFERENCE NO. 10 OF 2021 GERMAIN KAMWALA MOLA v. THE ATTORNEY GENERAL OF THE REPUBLIC OF RWANDA

The Applicant alleges that torture and barbaric physical trauma against him while in police custody, while abducted from the Nyanza prison to Nyungwe forest and subsequent his subsequent paralysis on an entire half of his body amounted to human rights violations by the Respondent’s officers, contrary to the Treaty. The Applicant avers that the Respondent failed to uphold laws of Republic of Rwanda and the Treaty by failing to guarantee him freedom of establishment, movement of capital, right to protection of property and by carrying out expropriation of his investment funds without due regard to procedure and fairness and without compensation. The Applicant alleges that the Respondent violated Article 29 of the EAC Common Market Protocol by discriminating against the Applicant, being a Kenyan citizen, and unfairly taking over his investment or failing to guarantee him protection of the law like other investors in Rwanda.