Miss Rwanda Muheto Could Face 1 Year and 8 Months in Prison
Miss Rwanda 2022, Nshuti Muheto Divine, attends her bail hearing at the Kicukiro Primary Court on 31 October 2024, where she faces charges related to driving offences and property damage. Instagram/@igihe
On 31 October 2024, Miss Rwanda 2022, Nshuti Muheto Divine, appeared before the Kicukiro Primary Court for a bail hearing regarding charges filed by the prosecution, including driving under the influence, driving without a valid licence, causing property damage, and allegedly fleeing the scene after an accident.
Represented by a team of three defence lawyers, Muheto admitted to the charges except for the accusation of fleeing the scene. During her statement, she acknowledged driving while intoxicated, lacking a valid driver’s licence, and causing an accident but denied attempting to escape.
The prosecution presented its case, stating that Muheto was drinking at the 'Atelier du Vin' bar until midnight before driving home. Due to her lack of driving experience and high alcohol level, she reportedly collided with an electric pole and a tree. After the incident, witnesses claim she initially left the scene but returned shortly after to retrieve her phone, at which point the police had already arrived. According to the prosecution, she then denied being the driver.
The prosecution highlighted that this was not Muheto’s first offence, noting a previous incident on 23 September 2024, after which she was counselled and expressed remorse. The prosecution urged the court to convict her on all three charges.
Evidence showed her blood alcohol concentration was 4.00, significantly above the legal limit of 0.8.
Defence Statement and Request for Leniency
In her defence, Muheto stated,
“I admit to driving under the influence, driving without a licence, and causing an accident, but I deny fleeing the scene.”
She clarified that after the accident, she only moved aside due to the crowd but remained nearby and awaited the police.
One of her lawyers argued that Muheto has shown remorse and cooperated with the authorities. He further stated that she held a provisional driver’s licence and was familiar with road regulations but had failed to obtain a permanent one. He emphasised that the pole and tree she struck were still intact, and if she had intended to flee, she would have left immediately after the accident, given she had access to a vehicle.
Prosecution Seeks a Sentence of 1 Year and 8 Months
The prosecution requested a cumulative sentence based on each charge:
1. Driving under the influence: 6 months in prison and a fine of RWF 180,000.
2. Driving without a valid licence: 2 months in prison and a fine of RWF 10,000.
3. Fleeing after causing an accident: 1 year in prison and a fine of RWF 30,000.
Altogether, the recommended sentence amounts to 1 year and 8 months of imprisonment and a total fine of RWF 220,000.
Muheto’s defence lawyer requested leniency, emphasising her remorse and cooperation. He asked the court to consider a monetary penalty in place of imprisonment.
In her closing statement, Muheto appealed to the court, saying,
“During my time in detention, I have reflected and learned. I ask for forgiveness for my actions and assure the court that this will never happen again.”
Legal Context: Concurrent and Consecutive Sentencing
Under Rwandan law, concurrent and consecutive sentencing are applied differently based on the nature of the offences. Concurrent sentencing (mbonezamugambi) applies when a single act results in multiple offences; in this case, only the longest sentence is applied. Consecutive sentencing (mbonezabyaha) applies when multiple acts result in separate offences, leading to a cumulative sentence.
For cumulative sentences, the total sentence cannot exceed twice the maximum term of the most severe offence. For example, if someone faces sentences of 15, 10, and 8 years, the maximum term imposed cannot exceed 30 years (double the highest single offence, which is 15 years).