The High Court in Nyanza District has acquitted Jean-Bosco Harelimana, the former Director-General of Rwanda Cooperative Agency (RCA), alongside his co-accused, Claver Hakizimana, a former procurement officer at RCA, and Liliane Gahongayire, a former logistics officer at the agency.
The trio had been facing charges related to violations of public tender procedures and misuse of public resources. The High Court overturned a lower court’s decision which convicted them of crimes including illegal tendering, misuse of property of public interest, and providing undue benefits during contract execution.
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The Intermediate Court of Muhanga earlier convicted Harelimana of awarding public tenders unlawfully, disregarding principles of transparency and cost-saving, misuse of property of public interest, and the crime of influence peddling. He was sentenced to six years in prison and fined Rwf2 million. Hakizimana was found guilty as an accomplice and sentenced to six years in prison, alongside a fine of Rwf6.69 million.
Gahongayire was sentenced to three years and fined Rwf9.17 million for allegedly providing unreasonable benefits during contract execution.
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However, the trio appealed the lower court’s decision, and on January 22, the High Court ruled in their favour, dismissing all charges against them.
The court argued that they are not guilty of all allegations, including illegal tendering, misuse of property of public interest, and providing undue benefits.
The High Court reversed all aspects of the previous ruling.
On September 15, 2023, Harelimana was arrested shortly after RCA officials appeared before the parliamentary Public Accounts Committee (PAC). His co-accused were apprehended the following day. On September 18, the trio appeared in court for a bail hearing, during which they denied all charges.
Although they were initially granted bail on October 4, the prosecution appealed the decision but lost.
The prosecution alleged that the trio awarded a tender to a company that submitted a higher bid despite lower offers from competing firms. It was also claimed that they approved additional items and price changes without following tender committee procedures, raising the contract’s cost from Rwf4 million to Rwf11 million.
Further allegations included favoritism, with a leaked audio recording reportedly implicating Harelimana. In the recording, he allegedly boasted about his authority to hire and fire staff at will.
Hakizimana and Gahongayire were also accused of approving and receiving substandard items, such as chairs made from a different type of wood than specified in the contract.
Throughout the trial, the accused maintained their innocence.
Harelimana argued that tender preparation and evaluation fell under the procurement officer’s responsibilities, who also served as secretary of the tender committee. He asserted that when signing contracts, he relied on assurances that proper procedures had been followed.
Regarding the leaked audio, Harelimana claimed it was taken out of context, explaining that he was trying to gain the trust of someone implicated in corruption. He emphasized that his actions were transparent and known to his superiors.
Hakizimana defended himself by stating that the tender in question had been approved by the committee and officially announced, with all information posted in the system. He argued that any modifications outside the system were beyond his control, falling under the jurisdiction of his superiors.
Gahongayire denied all charges, emphasizing that she was not part of the committee responsible for verifying item specifications.