On this Monday September 18, the Kigali High Court is set to start hearing of the case in which prosecution is challenging the acquittal of Dr. Kayumba Christopher
Dr Kayumba was set off the hook by the Nyarugenge Intermediate Court on February 22, 2023. He was immediately released from more than a year in jail.
The prosecution accuses Dr Christopher KAYUMBA of the crime of rape of Yankurije, who was house-help at his home, and attempted rape of CNBC television presenter Narindwa Fiona Muthoni.
Dr. Kayumba Christopher last appeared at the Kigali High Court on June 5, 2023, where he prayed for an adjournment. This was to allow him ample time to scrutinize a newly added document of over 400 pages, introduced by the prosecution.
He also stressed the need for adequate time to review the psychologist’s report, which had been also included in his file highlighting that Narindwa Fiona Muthoni’s revelation of Dr. Kayumba’s actions, brought her further abuse, leading to her mental distress as there are some people who started to insult her.
In its appeal, the Prosecution referred to the case of AKAYEZU Jean de Dieu, who was convicted of genocide against the Tutsi by the ICTR.
The prosecution based its appeal on what they termed two deficiencies in the lower court’s decision, which acquitted Dr. Kayumba of all charges. These shortcomings were identified as the court’s alleged disregard for the witnesses’ statements as pivotal evidence in the case of sexual abuse, as well as the court’s purported oversight of a witness’s account alleging that Dr. Kayumba attempted to commit rape.
However, in the decision of the Nyarugenge’s court, which acquitted Dr Kayumba, it is clear that the testimony of the plaintiffs and the statement of the witnesses were all considered by the court, because as for the testimony of the witnesses who are also the plaintiffs. Court concluded that their accounts did not constitute sufficient evidence to establish the guilt of Dr. Christopher KAYUMBA in the act of rape or even whether such an incident had occurred.
As for Yankurije, one of the plaintiffs who had never sought medical attention despite her claim of injury during the alleged rape, the lower reaffirmed that the Prosecution’s evidence raises doubts and thus necessitates the protection of the accused.
For Nahayo Robert, who was Dr Kayumba’s security guard and one of the witnesses cited by prosecution, the court also concluded that his testimony is baseless because what he says is what he was told by YANKURIJE and his statements are not based on what he has seen himself and that there is no other evidence to support them.
In his defense, Dr. Christopher KAYUMBA repeatedly pointed out that all the charges against him are baseless and that they never existed but was fabricated after he started his political party Rwandese Platform for Democracy (RPD). He insisted that detectives promptly initiated legal proceedings against him, as part of a calculated effort to hinder his political endeavors.
As for Narindwa Fiona Mutoni, he explained that this girl does not even know where Dr Kayumba lives but that she decided to accept being used to accuse him in order to be rewarded.
He emphasized this by saying how incomprehensible it is that he had wanted to forcefully rape this Narinda in 2017 and that she, as the a journalist who was leading shows on CNBC television, continued to invite Dr. Kayumba to her programs in 2018 and 2019.