During plea-taking on Wednesday; the accused, Gilbert Ntuyemungu,52, a Rwandan citizen, requested the court to release him on favourable bail terms saying he wanted to reunite with his family in Rwanda. He also argued that he needed treatment for the serious injuries he sustained during the accident that left him confined in a wheelchair.
On Thursday, he was denied bail by Molo Chief Magistrate Hellena Nderitu after the tragic incident occurred at Londiani junction in Kericho County. The court ruled that Ntuyemungu posed a flight risk and and lacked adequate surety to warrant the court to grant him bail.
Ntuyemungu was remanded at Nakuru GK Prison until his case is heard and determined.
Magistrate Nderitu highlighted the lack of evidence suggesting that Ntuyemungu had a fixed abode in Kenya, which could potentially lead him to abscond court proceedings. The absence of a repatriation treaty between Kenya and Rwanda further supported the court’s decision to deny bail, given the seriousness of the charges, which involve the death of 53 people and injuries to 25 others.
During his time in remand at Nakuru GK Prison, Ntuyemungu will be provided with witness statements, exhibits, the charge sheet, and other documentary evidence to aid in his defense.
Ntuyemungu has strongly denied the 90 charges brought against him, including causing death by dangerous driving, causing injuries, and causing damage to 10 motor vehicles on July 3, along Nakuru-Kericho Highway. He maintains that the incident was not caused by reckless driving but rather by an accident resulting from the truck’s brake failure. He claims that he had no motive or intent to harm the victims, whom he considered strangers to him.
However, the investigating officer, Florence Auma, has stated in her affidavit that the accused is facing charges of mass killing due to careless driving and other serious offenses. Auma emphasized the severity of the potential punishment if Ntuyemungu were found guilty and expressed concerns that he might attempt to flee the country.
The court ruled against the deportation scheme under the Migration and Economic Development Partnership, a bilateral agreement signed between Rwanda and the UK in April of last year.
This agreement mandated the UK to provide an upfront investment of £120 million to fund various opportunities for both Rwandans and migrants, such as secondary qualifications, vocational training, language lessons, and higher education.
Initially, the deportation arrangement aimed to deter illegal crossings into the UK and reduce the annual budget allocated for handling illegal migrants. In a bid to expand support for deportations, Rwanda and the UK signed an additional agreement earlier this year.
The intention was to ensure that upon arrival in Rwanda, asylum seekers from African countries and other regions would be treated with dignity, similar to Rwandans. The plan included providing assistance for those willing to return to their home countries.
The scheduled arrival of the first group of migrants in Rwanda was originally set for July 2022.
However, this deadline was extended following a complaint filed by organizations advocating for migrants’ rights.
In December 2022, the High Court in the UK initially ruled in favor of the country’s deportation policy, allowing the implementation of the migration and economic development partnership.
However, campaigners contested this decision and brought the case to the Court of Appeal, which has now ruled against the deportation plans.
According to The Telegraph, three judges from the Court of Appeal reached a majority decision of two to one, stating that Rwanda does not qualify as a safe country for asylum seekers.
Consequently, the court deemed the deportation of migrants to Rwanda for the purpose of claiming asylum to be unlawful.
This ruling contradicts the stance of UK Prime Minister Rishi Sunak and Home Secretary, Suella Braverman who had repeatedly defended the deportation plan, highlighting Rwanda’s track record in effectively managing refugee and migrant crisis.
In response to the ruling, reports indicate that the Prime Minister and Home Secretary are expected to appeal the decision to the Supreme Court.
This decision comes at a time when Rwanda has initiated the construction of approximately 40,000 permanent homes, with a portion of them designated for migrants removed from the UK.
The Prosecution, also granted permission to appeal, considers the ruling declaring Kabuga unfit for trial as an impediment to achieving justice in the case. The IRMCT had reached this decision on June 6, 2023, based on a medical report stating that Kabuga suffered from “severe dementia” and was unable to effectively participate in court proceedings.
In an order, the IRMCT stated that Kabuga is not fit for trial and is unlikely to regain fitness in the future. Consequently, the court proposed an alternative legal procedure that would avoid a conviction.
Although judges Iain Bonomy (presiding judge), Margaret M. deGuzman, and Ivo Nelson de Caires Batista Rosa approved the decision, judge Mustapha El Baaj dissented from his colleagues.
As a result, the Prosecution demanded the right to appeal against the ruling on June 13, 2023, arguing that the lack of consensus among the judges required further consideration of the case.
On Friday, June 16, the court announced that Kabuga’s defense team also requested permission to appeal the ruling. They claimed that since Kabuga was deemed unfit for trial and unlikely to regain fitness in the future, he should be released and his trial suspended or discontinued.
The defense team argued that no legal provisions were taken into account in ruling for an alternative legal procedure, and continuing the trial in such a manner would violate Kabuga’s fundamental rights.
The court’s statement revealed that both sides were granted permission to appeal against the ruling.
Félicien Kabuga is accused of financing the 1994 Genocide against the Tutsi and co-founding Radio Télévision Libre des Mille Collines (RTLM), a media outlet that disseminated hate speech and encouraged the killing of Tutsis.
Kabuga, believed to be in his late 80s, has been on trial at The Hague branch of the United Nations mechanism responsible for the operations of the International Criminal Tribunal for Rwanda since September of last year.
Meanwhile, IBUKA, the umbrella organization representing survivors of the 1994 Genocide against the Tutsi, recently filed a lawsuit seeking compensation worth Rwf50,000 billion from Félicien Kabuga for endured suffering due to effects of his actions.
The lawsuit was filed at the Gasabo Intermediate Court on Thursday, June 8, 2023.
The 62-year-old former Rwandan police officer was arrested recently in South Africa after being on the run for 22 years.
During proceedings on Friday, Prosecutors told the Cape Town Magistrate’s Court that Kayishema faces 54 counts which include contravention of the Immigration Act as well fraud charges among others.
According to media reports, prosecutors allege the Rwandan national lied while applying for asylum in South Africa by using a false identity. Kayishema’s case has been postponed to June 20.
Kayishema, who had been one of the world’s most wanted genocide fugitives, was arrested on Wednesday May 24th, 2023, in Paarl, South Africa, as a result of a joint operation involving the International Residual Mechanism for Criminal Tribunals (IRMCT) Office of the Prosecutor (OTP) Fugitive Tracking Team and South African authorities.
He stands accused of orchestrating the massacre of approximately 2,000 Tutsis, including women, men, children, and the elderly, at Nyange Catholic Church during the 1994 Genocide against the Tutsi in Rwanda. It is alleged that Kayishema directly participated in the planning and execution of this atrocity, including the procurement and distribution of petrol to set the church on fire while the victims were inside.
When this initial attempt failed, Kayishema and others reportedly used a bulldozer to collapse the church, burying and killing those seeking refuge. Over the following two days, Kayishema and accomplices supervised the transfer of bodies from the church grounds to mass graves.
The investigation leading to Kayishema’s arrest spanned multiple countries across Africa and elsewhere, in strong cooperation with many national law enforcement and immigration agencies.
During his flight from justice, Kayishema utilized many aliases and false documents to conceal his identity and presence. He further relied upon a network of trusted supporters, including family members and members of the ex-Forces Armées Rwandaises and ex-Forces démocratiques de libération du Rwanda.
Kayishema was located and arrested through an analysis-driven investigation exploiting multi-source evidence with both traditional and leading-edge methodologies.
The lawsuit was filed at the Gasabo Intermediate Court on Thursday 8th June 2023.
IBUKA is represented by lawyer Bayingana Janvier, who also serves as a commissioner at the organization. The court was scheduled to begin proceedings with a request to withhold Kabuga’s properties as a guarantee for compensation once a ruling is made in favor of IBUKA.
Bayingana informed the court that IBUKA had written to the chief clerk at IRMCT. However, they had not received any feedback at the time of appearance in court.
When asked about contacting IRMCT, Bayingana stated that they were informed the clerk had a busy schedule. As they contacted IRMCT office in Kigali, they realized that their request falls under the responsibilities of the chief clerk. Consequently, Bayingana requested the Gasabo Intermediate Court to set another date for the case.
According to a letter seen by IGIHE, compensation cannot correspond to the value of the victims or the worth of the damaged and looted properties due to Kabuga’s involvement. However, IBUKA has demanded compensation worth Rwf50,658,800,000,000 on behalf of the represented Genocide survivors for endured suffering due to effects of his actions.
The individuals seeking compensation include Genocide survivors represented by IBUKA from various areas such as Bisesero, Mugina, Kimironko, Muhima, Musave, Nyamirambo, Mudende, Commune Rouge in Rubavu, and Vunga.
Kabuga was arrested in France in 2020 and has since been detained in the Netherlands. He is accused of financing Genocide against the Tutsi and co-founding Radio Television Libre des Milles Collines (RTLM), a media outlet that propagated hatred and encouraged the killing of Tutsis.
Before the Genocide, Kabuga was an influential businessman and a member of the ruling political party, MRND.
Kabuga, believed to be in his late 80s, has been on trial at The Hague branch of the United Nations mechanism responsible for the operations of the International Criminal Tribunal for Rwanda since September of the previous year.
The handover and takeover took place in the presence of RDF Chief of Defence Staff, Service Chiefs and selected RDF Generals and Senior Officers as well as officials from the Ministry of Defence (MoD).
Marizamunda was appointed on Monday 5th June 2023 along with other military top brass including the new Chief of Defence Staff (CDS), Lt Gen Mubarakh Muganga and the Army Chief of Staff (ACOS), Maj Gen Vincent Nyakarundi.
Marizamunda who previously served as the Commissioner General of Rwanda Correctional Service (RCS) was replaced by Brig Gen Evariste Murenzi.
The new military chiefs took oaths on Wednesday where President Paul Kagame urged them to serve the nation and Rwandans with dedication.
The Head of State also reminded them of the significance of collaboration among leaders to deliver on expectations.
Kabuga’s defence has persistently sought to have the case dismissed, citing concerns about their client’s health due to his advanced age.
Since his arrest in France in 2020, Kabuga has been detained in the Netherlands. The former businessman is accused of financing the genocide and being a co-founder of Radio Television Libre des Milles Collines (RTLM), a media outlet that incited hatred and mobilized for killings targeting Tutsis.
Kabuga, who is believed to be in his late 80s, had been on trial at The Hague branch of the United Nations mechanism that assumed responsibility for the operations of the International Criminal Tribunal for Rwanda since September last year.
According to a decision published on The Hague court’s website, the trial chamber has ruled that Mr. Kabuga is no longer capable of meaningfully participating in his trial. Consequently, rather than terminating the proceedings, the judges have proposed establishing an “alternative finding procedure” that closely resembles a trial but does not allow for a conviction.
Led by a guide at the memorial, Evode Ngombwa, the employees delved into the chilling account of how the genocide unfolded in Bugesera, where massacres occurred even before 1994. The guide also illuminated Rwanda’s remarkable journey of resilience, recounting the horrific events that unfolded in the area, including the establishment of a camp where Tutsis were unjustly accused of espionage.
One of the darkest chapters in the genocide took place on April 15th, when Interahamwe militants ruthlessly killed Tutsis seeking refuge at Ntarama Church and massacred those hiding in nearby swamps. However, the narrative took a glimmer of hope on May 14th, when Inkotanyi soldiers intervened and rescued a small group of surviving Tutsis from Interahamwe attacks.
Deeply moved by the cruelty witnessed in the area, Rwanda Ultimate Golf Course Ltd and its management paid their respects to over 6,000 genocide victims laid to rest at the memorial by laying wreaths. The poignant act honored the memory of the victims, preserving their dignity and shaping Rwanda’s future.
Following the memorial visit, the employees engaged in a commemoration talk centered around Rwanda’s transformative journey. Josué Dushimimana, the Chief Executive Officer of Rwanda Ultimate Golf Course Ltd, emphasized the importance of remembrance in keeping the memories of the victims alive, restoring their dignity, and shaping the nation’s future.
Alain Ngirinshuti, the Chairman of Rwanda Ultimate Golf Course Ltd, offered words of comfort to the genocide survivors, assuring them that such a tragedy would never be allowed to occur again.
He urged the community to remain united and resilient, steadfastly preserving the gains achieved thus far. Ngirinshuti also called upon the youth to honor history and collectively reject the ideology of genocide.
Prior to their visit to the memorial, Rwanda Ultimate Golf Course Ltd, in collaboration with Kigali Golf Resort & Villas and the Rwanda Golf Union (RGU), organized the Kwibuka Tournament on May 13th.
The tournament concluded on a high note with a poignant tree-planting ceremony, dedicated to commemorating the memory of former golfers who tragically lost their lives during the 1994 Genocide against the Tutsi.
Through their solemn visit to the Ntarama Memorial and their commitment to remembrance and resilience, the employees of Rwanda Ultimate Golf Course Ltd demonstrated their unwavering dedication to honoring the victims, preserving the nation’s history, and building a future free from the horrors of genocide.
According to Reuters, Kayishema was presented before the Cape Town Magistrates’ Court on Friday May 26th where he was remanded in custody at Pollsmoor Prison in Cape Town, pending possible extradition to Rwanda. The court has adjourned the case to 2nd June.
Kayishema, who had been one of the world’s most wanted genocide fugitives, was arrested on Wednesday May 24th, 2023, in Paarl, South Africa, as a result of a joint operation involving the International Residual Mechanism for Criminal Tribunals (IRMCT) Office of the Prosecutor (OTP) Fugitive Tracking Team and South African authorities.
He stands accused of orchestrating the massacre of approximately 2,000 Tutsis, including women, men, children, and the elderly, at Nyange Catholic Church during the 1994 Genocide against the Tutsi in Rwanda. It is alleged that Kayishema directly participated in the planning and execution of this atrocity, including the procurement and distribution of petrol to set the church on fire while the victims were inside.
When this initial attempt failed, Kayishema and others reportedly used a bulldozer to collapse the church, burying and killing those seeking refuge. Over the following two days, Kayishema and accomplices supervised the transfer of bodies from the church grounds to mass graves.
The investigation leading to Kayishema’s arrest spanned multiple countries across Africa and elsewhere, in strong cooperation with many national law enforcement and immigration agencies.
During his flight from justice, Kayishema utilized many aliases and false documents to conceal his identity and presence. He further relied upon a network of trusted supporters, including family members, members of the ex-Forces Armées Rwandaises and ex-Forces démocratiques de libération du Rwanda, and those aligned with the genocidal Hutu Power ideology.
Kayishema was located and arrested through an analysis-driven investigation exploiting multi-source evidence with both traditional and leading-edge methodologies.
He is alleged to have orchestrated the killing of approximately 2000 Tutsis including women, men, children and elderly at Nyange Catholic Church during the 1994 Genocide against the Tutsi in Rwanda. He has been at large since 2001.
In reaction to the arrest, IRMCT Chief Prosecutor Serge Brammertz stated: “Fulgence Kayishema was a fugitive for more than twenty years. His arrest ensures that he will finally face justice for his alleged crimes.”
Genocide is the most serious crime known to humankind.
According to a statement released by IRMCT, the international community has committed to ensure that its perpetrators will be prosecuted and punished where this arrest ‘is a tangible demonstration that this commitment does not fade and that justice will be done, no matter how long it takes’.
IRMCT has revealed that the thorough investigation that led to this arrest was made possible through the support and cooperation of the Republic of South Africa and the Operational Task Team established by President Ramaphosa to assist our Fugitive Tracking Team.
More support was received from similar Task Forces in other African countries, notably the Kingdom of Eswatini and the Republic of Mozambique among others.
Rwandan authorities under the leadership of Prosecutor General Aimable Havugiyaremye also continued to be strongest partners and provided essential assistance.
Kayishema’s arrest demonstrates yet again that justice can be secured, no matter the challenges, through direct cooperation between international and national law enforcement agencies.
“Today is a day to think of the victims and survivors of the 1994 Genocide against the Tutsi. While twenty-nine years have passed, they continue to bear the physical and mental scars of their suffering. My Office reaffirms that we will not rest in our efforts to secure justice on their behalf, and by carrying out our mandate contribute to a more just and peaceful future for the Rwandan people,” said IRMCT Chief Prosecutor through a statement.
Kayishema was indicted by the United Nations International Criminal Tribunal for Rwanda (ICTR) in 2001 and charged with genocide, complicity in genocide, conspiracy to commit genocide, and crimes against humanity for killings and other crimes committed in Kivumu Commune, Kibuye Prefecture during the 1994 Genocide against the Tutsi in Rwanda.
The indictment alleges that on 15 April 1994, Kayishema, together with other co-perpetrators, murdered more than 2,000 men, women, elderly and children refugees at the Nyange Church in Kivumu commune.
Kayishema is accused to have directly participated in the planning and execution of this massacre, including by procuring and distributing petrol to burn down the church with the refugees inside. When this failed, Kayishema and others allegedly used a bulldozer to collapse the church, burying and killing the refugees inside. Kayishema and others then supervised the transfer of corpses from the church grounds into mass graves over the next approximately two days.
The investigation leading to Kayishema’s arrest spanned multiple countries across Africa and elsewhere, in strong cooperation with many national law enforcement and immigration agencies.
During his flight from justice, Kayishema utilized many aliases and false documents to conceal his identity and presence. He further relied upon a network of trusted supporters, including family members, members of the ex-Forces Armées Rwandaises and ex-Forces démocratiques de libération du Rwanda, and those aligned with the genocidal Hutu Power ideology. Kayishema was located and arrested through an analysis-driven investigation exploiting multi-source evidence with both traditional and leading-edge methodologies.
His arrest marks a further step forward in the OTP’s strategy to account for all remaining fugitives indicted for genocide by the International Criminal Tribunal for Rwanda.
Since 2020, the OTP Fugitive Tracking Team has accounted for the whereabouts of five fugitives, including Félicien Kabuga, Augustin Bizimana, Protais Mpiranya, and Phéneas Munyarugarama.
