The Constitution of the Republic of Rwanda of 2003 revised in 2015 states that
the Judiciary is the guardian of human rights and freedoms. This duty is
exercised in accordance with the Constitution and other laws.1 It states also that
the judicial authority is vested in the Judiciary composed of ordinary Courts and
specialized Courts, including the Supreme Court as the highest court of the
land.2 The jurisdiction of the Supreme Court includes special review where
there is a serious miscarriage of justice in a court of appeal decision, reverting
case law from lower courts in the interest of justice, adjudicating constitutional
petitions, and adjudicating cases related to authentic interpretation of the law
and public interest litigation.3 In 2018, the Court of Appeal was created in order
to relieve the Supreme Court from a heavy case backlog resulting from appeals
coming from different high courts.4
The vision of the Judiciary as it is stated in the Supreme Court’s strategic plan
2018- 2024, is as follows: “Rwanda, a country governed by rule of law, will be
endowed with an efficient and independent judicial system, close to litigants
and rendering coherent and consistent rulings.” And from the same source, the
mission of the judiciary is as follows: “To dispense justice with equity and
integrity with a view to serving litigants, thus contributing to the reinforcement
of rule of law, particularly in respect of fundamental liberties and human
rights.”

The concept of rule of law has become a venerable part of modern political
philosophy, argues Thomas Carothers in Foreign Affairs.
5 The rule of law is
defined as a system in which laws are public knowledge, are clear in meaning,
and apply equally to everyone. A successful rule of law requires fairness,
competence, and efficiency.
To achieve the vision and mission of the Judiciary, a lot has been undertaken to
ensure that justice is accessed easily and administered fairly.

Hon. Chief Justice, Dr. Faustin NTEZILYAYO
Hon. Deputy Chief Justice, Marie Thérèse MUKAMULISA
Hon. Justice NYIRINKWAYA Immaculée
Hon. Justice CYANZAYIRE Aloysie
Hon. Justice HITIYAREMYE Alphonse
Hon. Justice MUHUMUZA Richard
Hon. Justice Dr. Aimé MUYOBOKE Karimunda

In the early days of the 1st July, 1962 Independence, there were transitional
laws establishing judicial institutions including the Supreme Court, to replace
those that had been put in place by the Belgian colonial rule, and a transitional
constitution adopted before the first one was passed by the Parliament, on
24/11/1962.
In 1979, the Constitution abolished the Supreme Court which was replaced by
four separate courts including the Constitutional Court, which was in charge of
constitutional justice. On 10th June 1991, a new Constitution was adopted and
maintained the structure and competence of the courts.
In 1994, in the aftermath of the Genocide against the Tutsi, it was established a
leadership based on the fundamental law whose main texts were the 1991
Constitution and the 1993 Arusha Peace Agreement of 4/8/1993. The Supreme
Court was reinstated as a strategy of creating a fully independent judiciary and
went on to deal with constitutional matters.
On 04/06/2003, a new Constitution was adopted and enhanced guiding
principles for judicial reform. The new structure of courts made the Supreme
Court the highest court of appeal of the land, with the jurisdiction of hearing
constitutional petitions.
In 2018, the structure of the court changed, and the Court of appeal was
reintroduced, as the highest court of the appeal in the country. From that time
up to date, the Supreme Court remains with special jurisdiction including
hearing of constitutional petitions

. Article 89 of the Organic law n° 01/2004 Of 29/01/2004 establishing the
organization, functioning, and jurisdiction of the Supreme Court stated that
“The Supreme Court has exclusive jurisdiction to hear petitions seeking the
partial or complete abrogation of an organic law, law, decree-law or law
authorizing the ratification of a treaty or international agreement on account
of non-conformity with the Constitution.”
2. Article 53 of the Organic Law n° 03/2012/OL of 13/06/2012 determining
the organization, functioning, and jurisdiction of the Supreme Court stated
that: “Supreme Court shall have jurisdiction over petitions seeking to declare
unconstitutional a treaty or an international agreement.
The Supreme Court shall also hear petitions regarding the partial or complete
repealing of an organic law, an ordinary law, or a decree-law on account of
non-conformity with the Constitution.”
3. Article 72 of law n°30/2018 of 02/06/2018 determining the jurisdiction of
courts which has repealed previous provisions provides that: “The Supreme
Court is petitioned by any person or company and associations with legal
personality over petitions seeking to declare unconstitutional a law if they
have any interest.”

a) The Law n°30/2018 of 02/06/2018 determining the jurisdiction of courts
comprises provisions on the jurisdiction of the Supreme Court. It has
repealed previous law, such as those that had been enacted in 1980, 1996,
2004 and 2012.

b) The Law n°12/2018 of 04/04/2018 determining the Organization and
Functioning of the Judiciary.

The Constitution of the Republic of Rwanda of 4th June, 2003, revised in 2015.
Previous constitutions had been adopted in 1962, 1978, 1991 and 2003.

1) The Law n°30/2018 of 02/06/2018 determining the jurisdiction of
courts comprises provisions on the jurisdiction of the Supreme Court. It
has repealed previous law, such as those that had been enacted in 1980,
1996, 2004 and 2012.

2) The Law n°12/2018 of 04/04/2018 determining the Organization and
Functioning of the Judiciary.

a. Case no RS/INCONST/SPEC00002/2018/SC, rendered by Supreme Court on
18/01/2019, Mugisha Richard vs Republic of Rwanda;
b. Case no RS/INCONST/SPEC 00002/ 2019/SC, rendered by Supreme Court
on 04/12/2019, GLIHD (Great Lakes Initiative for Human Rights and
Development) vs Republic of Rwanda;
c. Case no RS/INCONST/PEN/0002/08/CS, rendered by Supreme Court on
29/08/2008, TUBARIMO Aloys vs Republic of Rwanda;
d. Case no RS/INCONST/SPEC 00003/2019/SC, rendered by Supreme Court on
04/12/2019, KABASINGA Florida vs Republic of Rwanda;

https://decisia.lexum.com/rlr/en/nav.do

http://www.judiciary.gov.rw/

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