Recently, the Kicukiro primary court sentenced Divine Nshuti Muheto, the reigning Miss Rwanda, to a three-month suspended sentence valid for one year, for charges of driving under the influence and without a license. ALSO READ: Court hands Miss Muheto three-month suspended sentence, fine Her case is not unique in Rwandan courts which have often issued suspended sentences in cases that could otherwise carry jail terms. ALSO READ: Twitter user gets 3-year suspended sentence for encouraging defilement For instance, in 2023, an individual identified as Evariste Tuyisenge, known on social media as “NTAMA W'IMANA 2,” received a three-year suspended sentence suspended in a year for posting a tweet that encouraged defilement. ALSO READ: Ex-Minister Munyakazi jail sentence cut to five years, suspended Another high-profile case involved former State Minister for Primary and Secondary Education, Isaac Munyakazi, who received a five-year suspended sentence. What the law says A suspended sentence is a judicial order that allows a convicted individual to avoid immediate imprisonment, under specific conditions and for a specified period, typically during probation. Under Rwandan law, this measure provides a form of sentencing where the convicted person may face jail time only if they commit another crime within the suspension period. According to lawyer Innocent Muramira, the suspended sentences are detailed in articles 64, 65, and 66 of a 2018 law which outlines general offences and penalties. Article 64 states that suspended sentences apply to prison terms not exceeding five years, based on the severity of the crime. A court must provide reasons for a suspended sentence and can suspend either all or part of the imprisonment. Notably, penalties like fines or community service cannot be suspended. Article 65 addresses the conditions under which a suspended sentence becomes void. “If, within a specified period (not less than one year and no more than five years), the convicted person refrains from committing further offences, the suspended sentence is nullified.” However, if a new offence is committed, both the suspended sentence and the new penalty are combined and served concurrently. Article 66 clarifies that a suspended sentence does not exempt a convict from paying court costs, damages, or civic restrictions. However, the restriction on civic rights is lifted if the suspended sentence is nullified under article 65. Muramira explains that a suspended sentence does not imply innocence; it is simply a conditional deferment of punishment. After five years following a suspended sentence, a person may apply for legal rehabilitation, which can restore their eligibility for public office or other responsibilities that require a clean criminal record.
