In a case involving unauthorized mining, four lawyers defending Nyabyenda Emmanuel appeared before the Muhanga High Court on November 5, 2026, to request his conditional release. They argued that their client should be monitored and not imprisoned. The prosecution accused Nyabyenda of mining and selling precious stones without a permit, allegedly from the Rugendabari Mining Company Ltd, which had its mining rights revoked two years prior.
The prosecution listed four charges against Nyabyenda, including mining and selling precious stones without authorization, theft, and tax evasion. The accused allegedly extracted stones worth over 4 billion Rwandan francs. The defense team argued that the court's decision to revoke Nyabyenda's permit was based on an incorrect application of the law, citing that their client was an individual miner, not a company.
The defense team pointed out that Rwandan law distinguishes between individual miners and companies, with different penalties for each. They cited a specific law governing mining in Rwanda, which outlines penalties for both individuals and companies. According to the law, individual miners and companies have different obligations and penalties.
The lawyers presented evidence that Nyabyenda's company, Rugendabari Mining, still had a valid permit, which was supported by documents from the company itself. However, the prosecution countered that this evidence was unfounded, citing a letter from June 27, 2024, which stated that Nyabyenda's permit had been revoked.
The defense team disputed the authenticity of the letter presented by the prosecution, stating that it was addressed to another party and did not relate to Nyabyenda's case. They argued that there was no evidence that Nyabyenda had been informed of the permit revocation. The prosecution requested that Nyabyenda disclose information about his tax payments.
The defense team questioned the prosecution's claims, stating that there was no documentation from the Rwanda Revenue Authority (RRA) indicating that Nyabyenda's company had evaded taxes. The case will continue on November 12, 2026, with a decision on Nyabyenda's conditional release.
Nyabyenda remains in custody, accused of stealing over 4 billion Rwandan francs' worth of precious stones. The case has raised questions about the application of mining laws in Rwanda and the distinction between individual miners and companies.
Key points
- The defense team argued that Nyabyenda was an individual miner, not a company, and therefore should not be subject to the same penalties as a company.
- The prosecution accused Nyabyenda of mining and selling precious stones without authorization, theft, and tax evasion.
- The case will continue on November 12, 2026, with a decision on Nyabyenda's conditional release.
