{The First Instance Division dismissed an Application filed by a Rwandan citizen Mr. Theoneste Niyitegeka who failed to appear in Court for hearing his case. The Court also allowed the withdrawal of another Application by the Former Speaker of the East African Legislative Assembly (EALA) seeking to stop her impeachment. }
The Court dismissed the first Application with costs to the Respondent on grounds that the Applicant failed to appear before the Court, with no clear reasons for his non appearance presented. The Court added that if the Applicant deems it necessary he shall file for restoration of the same matter.
The Court took the decision after the submissions by the representative of the Attorney General of the Republic of Rwanda, Mr. Aimable Malala, requested the Court to expunge the Application because the Applicant has, without clear reasons not been appearing in Court. Mr. Malala also submitted that, previously the Court had directed Mr. Niyitegeka to translate documents he had filed from Kinyarwanda into English language. Mr. Malala further added that because this matter had been dismissed before, the Rules do not allow the Applicant to bring the same matter to Court on the same cause of action.
The subject of this matter was filed in 2012 by Mr. Theoneste Niyitegeka, who alleges that the failure or refusal by the Government of Rwanda to accept his application for review of a judgment by the Gacaca Court of Gihuma Cell in Nyamabuye Sector, Muhanga District Southern Region, Republic Of Rwanda on 5th February, 2008 condemning him to custodial sentence for complicity of murder is a violation of Articles 6(d) and 7(2) of the Treaty on the principles of the rule of law, good governance and human rights. He further sought the Court’s declaration that the Rwandan Authorities are in breach of the fundamental principles of the EAC.
{{EAC}}
Leave a Reply