Kicukiro Primary Court has ordered the immediate release of former Nyanza Mayor, Erasme Ntazinda, after the prosecution withdrew its case regarding his pre-trial detention. Delivering the verdict on May 9, the presiding judge noted that the case initially stemmed from a complaint filed by Ntazinda’s wife, accusing him of concubinage and desertion of the marital home. ALSO READ: Trial of ex-Nyanza mayor postponed due to “legal obstacle However, on May 3, she formally withdrew her complaint. Despite this, the judge pointed out that the withdrawal did not automatically bar the prosecution from pursuing the case. During the initial hearing on April 6, Ntazinda’s defense lawyer, Bonane Nyangezi, raised a legal argument, citing Article 140 of the Penal Code, which governs the prosecution of concubinage and marital desertion. Nyangezi argued that the court needed to assess whether this legal provision was applicable, given the circumstances. According to Article 140, the prosecution for concubinage and desertion of the marital home can only proceed if the offended spouse files a complaint. The law also allows for the complaint to be withdrawn at any point, although the judge retains the discretion to continue the proceedings or execute a judgment depending on the context. ALSO READ: Nyanza mayor Ntazinda dismissed In this case, the prosecution stated that they were no longer interested in pursuing the matter and withdrew the case. Consequently, the court acknowledged the defendant's legal obstacle as valid and ordered his immediate release following the verdict. Meanwhile, Ntazinda’s dismissal as mayor was announced by Nyanza District on April 15, following an extraordinary council meeting. The district cited the 2021 law governing local government, specifically Article 11, which authorises district councils to dismiss executive committee members for misconduct or dereliction of duty. Ntazinda, who was re-elected in November 2021 for a second five-year term set to end in 2026, will no longer serve as mayor following his dismissal.
