Contested Legality of Mandatory Minimum Penalties under Rwandan Law

Abstract

The 2018 penal code contains some provisions with mandatory minimum penalties. Though the Supreme Court declared unconstitutional  some mandatory minimum sentence provisions, other similar provisions have not been challenged as unconstitutional.  This paper examines whether mandatory minimum penalty provisions under Rwandan law are still applicable and evaluates the effect of  the lack of clear guidance on mandatory minimum sentences on fair and equitable justice for all under Rwandan law. This paper outlines  the current legislative and judicial positions and various arguments from a review of relevant literature. It discusses the stands of the mandatory minimum penalty with the judge's discretion in sentencing. This paper examines what should be done in Rwanda towards  consistent and predictable sentences under Rwandan law