The Nyarugenge Intermediate Court on Tuesday, September 29, sentenced Robert Nyamvumba, former Division Manager in charge of energy at the Ministry of Infrastructure, to a six-year jail term after he was convicted of corruption. Nyamvumba, who was found guilty of attempting to solicit a bribe worth Rwf7.2 billion, was also slapped with a fine of Rwf21.6 billion. The judge explained that the fine was determined in accordance with the law, which stipulates that fines imposed in corruption cases must be three times the amount of money involved in the crime. Nyamvumba can still appeal to the sentence. The hefty fine has since provoked heated public debate, with many wondering what would happen in the event the convict was unable to raise the money. Speaking to The New Times, a senior bailiff who preferred to speak on condition of anonymity because they were not comfortable going on record commenting on court decisions, noted that court verdicts are based on the law and are not influenced by public sentiments. Bailiffs are officers of the court who are charged with executing judgments. The standard practice is that the convict will go ahead and pay the fine (if they have not appealed and caused a reversal of the ruling) but if they are unable to clear it at once, then they can show a plan to pay up. Auctioning property is not always the first option, the bailiff said. “Even when you are unable to pay the whole fine immediately you can negotiate and show a plan and timeframe for payment,” the bailiff noted. “But you need to show commitment to pay up.” However, in the event that there is no clear plan to pay the fine, the bailiff will have to ask the convict to disclose their property so it can be auctioned to clear the penalty. “In most cases, convicts will not reveal all their property,” said the bailiff, adding that the officers involved with enforcement of the ruling usually consult relevant institutions to try to ascertain and access all the assets belonging to the convict in question. ‘Fines don’t affect jail term’ “We consult other institutions like the national land centre, Rwanda Revenue Authority and banks to ensure that the property declared by the convict is all they really own,” he said. After establishing the assets, the next step is to auction the property. “In some cases, the convict will choose which property to auction especially if it is enough to cover the fine.” But what happens if the property is not enough to raise all the money? “There are always clear procedures to follow. In that case, we will normally wait until there is any other form of income from which to generate more money,” the bailiff said. Senior Superintendent of Prisons Pelly Uwera Gakwaya, the Rwanda Correctional Service spokesperson, told The New Times that, upon completion of their prison time, the convict will be let free. Moïse Nkundabarashi, a city lawyer, said that a convict who has completed their jail term but is yet to finalise paying the fine will be allowed to progressively clear the money. “Once the convict has completed their sentence, they will be freed to continue paying the fines from outside of prison,” Nkundabarashi said.
