Rwanda’s Chief Justice, Domitilla Mukantaganzwa, has explained that offering property as collateral does not automatically guarantee release for a person accused of issuing an unfunded cheque.
Mukantaganzwa made the remarks on Friday, September 11, during a media briefing on the 2026/27 judicial year, where she outlined some of the factors courts consider when deciding whether an accused person should be held in pre-trial detention.
She said courts consider the circumstances surrounding a case, including what happened before it reached court, rather than relying solely on the value of property offered as collateral.
“When someone is detained over an unfunded cheque, what happened before the detention is what should be examined,” Mukantaganzwa said, pointing to questions such as when the cheque was issued, whether the parties had agreed on when it would be paid, and what efforts had been made to resolve the dispute.
She explained that cases brought before the courts generally follow investigations and attempts by relevant authorities to resolve disputes before formal prosecution.
Mukantaganzwa said that when the Rwanda Investigation Bureau (RIB) forwards a case to the prosecution, it generally indicates that efforts to resolve the matter have failed.
“If the matter had been resolved at that stage, the case would not have been forwarded to the prosecution,” she said.
Her comments come amid the case of businessman and Rwanda Football Federation (FERWAFA) president Shema Fabrice, who was recently ordered by Nyarugenge Primary Court to spend 30 days in pre-trial detention over allegations of issuing two unfunded cheques worth $600,000, equivalent to about Rwf883.5 million.
Shema had asked the court to allow him to face the proceedings while out of custody, saying he owned assets worth nearly Rwf5 billion that could be offered as collateral.
The court nevertheless ordered his 30-day detention, noting, among other considerations, that the offences he is accused of carry a potential prison sentence of more than two years.
Mukantaganzwa said that once a case reaches court after attempts to resolve it during the investigative and prosecutorial stages have failed, it must proceed in accordance with the law.
She also questioned the argument that property offered as collateral should by itself lead to release, noting that such property would generally have been available during the earlier stages of the case.
The Chief Justice’s remarks highlight that bail decisions involve more than the value of assets offered by an accused person. Courts must consider the circumstances of the case and the legal requirements governing pre-trial detention.
