A Rwanda Defence Forces (RDF) colonel and a retired general and his driver arrested by the military last week were arraigned in the Military Tribunal in Nyarugenge, Kigali, on Friday.

Col Tom Byabagamba, Brig-Gen (Rtd) Dr Frank Rusagara and Sgt (Rtd) Francois Kabayiza were charged with inciting the public against the government, tarnishing the image of the government and the country’s leadership, and illegal possession of firearms. The trio is also accused of conspiracy to cover up activities that may lead to committing crimes and illegal possession of firearms.

Capt (Rtd) David Kabuye, who was also arrested last week, was separately questioned by prosecutors at Gasabo district on charges of illegal possession of firearms, according to National Public Prosecution Authority spokesperson Alain Mukuralinda.

Relatives of the detainees thronged the small military courtroom in the Nyamirambo suburb.

Dr Rusagara, clad in a green army detainee’s uniform, and Col Byabagamba, who donned military fatigues, arrived in handcuffs and hugged their relatives before taking their seats.

Col Byabagamba, who until recently was a deputy peacekeeping force commander in Sudan, hugged his wife Mary Baine, who until earlier this year was the permanent secretary in the Ministry of Foreign Affairs.

The colonel, who was the commander of the Presidential Guard Brigade until 2011, is the brother of Dr David Himbara, a former principal private secretary of President Paul Kagame, who is in exile. Dr Rusagara is their in-law.

The two did not enter a plea as the court adjourned the case to September 5 to allow Sgt (Rtd) Kabayiza to get a lawyer.

Four charges

Military prosecutors did not go into the details of the charges but a panel of judges, led by Charles Sumayi, pronounced the four charges.

“The court has allowed Sgt (Rtd) Kabayiza his constitutional right to get someone to defend him before the courts of law as stipulated by the Constitution of the Republic of Rwanda,” Judge Sumayi announced.

“It states that ‘the right to be informed of the nature and cause of charges and the right to defence are absolute at all levels and degrees of proceedings before administrative, judicial and all other decision making organs’.”

Earlier, Valerie Musoni Gakunzi, for Col Byabagamba, had sought a separation of the charges and for the suspects to stand trial individually, but the request was turned down by the judge.

If found guilty, the three men could face up to 18 years in jail. It is not clear, however, how the three are linked.

The retired general has previously served in a number of positions, including as permanent secretary in the Ministry of Defence as well as head of Nyakinama Military College.

Capt (Rtd) Kabuye is the husband of Lt-Col (Rtd) Rose Kabuye, who grabbed global attention in 2008 when she was arrested in Frankfurt, Germany, while on official duty in Europe as President Kagame’s director of protocol but was later released.

That followed indictments issued by French Judge Jean Louise Bruguieire targeting senior Rwanda Patriotic Front officials whom he accused of downing former president Juvenal Habyarimana’s plane and triggering the 1994 genocide.

The retired captain once headed the then public broadcaster Orinfor and also the pro-government daily The New Times.