The East African Court of Justice has dismissed Dr Christophe’s Mpozayo Christophe’s case against the Government of Rwanda over his arrest, detention, prosecution conviction and sentencing for the offence of inciting insurrection amongst the population for being in possession of ammunition.
Dr. Mpozayo who was a former staff of the East African Legislative Assembly (EALA) was seeking court orders to declare that the government infringed the fundamental principles of the community as well as Rwandan laws in his arrest, detention and conviction.
Mpozayo was arrested in April 2, 2014 detained and charged with inciting insurrection or trouble amongst the population. The Applicant was tried on the said offence and on 8th April, 2015 was found guilty, convicted and sentenced to ten (10) years imprisonment by Kigali High Court.
The Skype chat documents and the WhatsApp conversation between Dr. Mpozayo and one Munyampeta Jean Damascene were discovered in his seized laptop and produced before the trial court as evidence in the case against him of inciting insurrection or trouble amongst the population and the same were discovered after issuance of the decision to intercept the relevance communication and correspondence by the National Prosecutor, one Ruberwa Bonaventure on 25th October 2013.
According to press release on the East African Community Justice website, the First Instance Division of the Court has dismissed Dr. Mpozayo’s case.
The court announced that it has not been satisfied by the applicant’s allegations that his case in Rwanda was conducted against universally accepted principles of law, therefore declaration against his arrest, detention, trial and imprisonment being unlawful was declined.
The Court further said that the Applicant has not proved violation of the principles of law hence it was not satisfied and declined to declare that the Republic of Rwanda violated the EAC Treaty and principles of good governance and rule of law as well as his conviction was unlawful as sought by the Applicant.
After the judgment was delivered, the lawyer representing the applicant requested Court to provide him with the copies of the pleadings and the Judgment to enable him appeal to the Appellate Division.