Kicukiro Primary Court has adjourned the bail hearing of Erasme Ntazinda, the former Mayor of Nyanza District, following a legal issue raised by his defence team. Ntazinda, who was dismissed from his position last month for “failure to fulfil his responsibilities effectively,” appeared in court on May 6 for a bail hearing. He was arrested shortly after his dismissal. ALSO READ: Dismissed Nyanza mayor Ntazinda arrested During the session, his defence lawyer, Bonane Nyangezi, cited a legal obstacle that needed to be addressed before moving forward with the hearing. Nyangezi referenced Article 140 of the Penal Code, which pertains to the prosecution of concubinage and desertion of the marital home. He requested that the court evaluate its applicability to the case at hand. ALSO READ: Nyanza mayor Ntazinda dismissed The prosecution agreed with the defence, stating that the court should make a determination on the matter before resuming the hearing. After hearing both sides, the judge adjourned the session and announced that a ruling on the legal issue would be delivered on May 9 at 2 p.m. Article 140 of the Penal Code states that the prosecution of the offence of concubinage and desertion of the marital home can only proceed upon the complaint of the offended spouse. The law also allows the complaint to be withdrawn at any stage, although a judge may choose to continue the case or execution of judgment based on the circumstances. Ntazinda’s dismissal was announced by Nyanza District on April 15 following an extraordinary council meeting. The district cited the 2021 law governing local government, particularly Article 11, which grants district councils the authority to dismiss members of the executive committee in cases of misconduct or failure to discharge duties. Re-elected in November 2021, Ntazinda was serving his second five-year term, which was set to run until November 2026.
