Can Courts Ask Prosecutors to Investigate New Suspects?

A criminal trial can sometimes take a direction that nobody expected at the beginning. A witness may mention another person. A document may suggest that someone outside the charge sheet had a role in the events. A statement made in court may leave the judge wondering whether the case has been presented too narrowly. For ordinary people, that moment can feel frightening. Once a name appears in open court, it may sound as though the person has already been blamed. Yet the law is more careful than that. Being mentioned, summoned, or investigated is not the same thing as being convicted.

The case in context

The 2026 Supreme Court of Rwanda matter concerning Victoire Ingabire Umuhoza placed that concern at the centre of constitutional debate. The petition challenged Article 106 of Rwanda’s Code of Criminal Procedure. The provision was described in the draft material as allowing a court, where information arises during a trial, to summon a person connected to the case and request further investigation. Public reports indicated that the Supreme Court dismissed the petition on 27 March 2026 and treated the provision as constitutionally permissible. The issue was not whether a newly mentioned person was guilty. The deeper question was whether a court can trigger further inquiry without stepping into the institutional role of prosecutors.

Why the question is sensitive

At first glance, the power may appear sensible. Courts exist to search for legal truth, and it would be strange if a judge had to ignore information that clearly points to a missing part of the case. Still, the concern is also real. Criminal prosecution is not supposed to be driven by judicial suspicion. Prosecutors decide who to charge. Investigators gather evidence. Judges decide cases brought before them. If those roles become blurred, an accused person or a newly named person may reasonably wonder whether the court remains neutral.

The court’s reported message

The Supreme Court’s reported reasoning appears to rest on a distinction that is easy to overlook but very important. A request for investigation is not a conviction. It is also not necessarily a charge. It is closer to the court saying that a matter has emerged which the proper authorities should examine. The court may identify a gap in the proceedings, but the work of investigation remains with prosecutors and investigators. That distinction is likely to have carried considerable weight because the constitutional concern was not merely about efficiency. It was about the presumption of innocence and the separation of functions within criminal justice.

Ordinary meaning of the principle

In plain terms, the lesson is this. A court may notice that the evidence points toward someone who was not originally charged, but that person still has the protection of the law. The person must not be treated as guilty merely because a court has requested that the matter be looked into. Evidence must still be gathered. The person must be given a chance to respond if formal proceedings are later brought. The prosecution must still make an independent judgment. A fair criminal process does not allow the steps of suspicion, investigation, charge, defence, and proof to collapse into one dramatic courtroom moment.

Why this matters outside the courtroom

This matters because public perception can move faster than legal procedure. In a closely watched case, a person’s name may appear in news reports within minutes. Family members may hear rumours. Employers, neighbours, or political opponents may treat the court’s request as if it were already a judgment. That is where careful legal language becomes more than a technical habit. It protects people from being socially punished before the law has made any finding against them.

A cautious research reading

The decision may suggest an important research precedent for Rwanda, although it should be stated with care. Court triggered further investigation can be understood as a bridge between truth seeking and institutional separation. The bridge is useful, but it needs guardrails. A court should not use this power casually, and the prosecution should not treat a judicial request as a command to charge. The better reading is that the power helps prevent incomplete trials while still preserving prosecutorial independence and the rights of persons who have not yet been formally accused.

Practical lesson

For an ordinary person whose name comes up in another person’s criminal case, the first question should be very practical. What legal step has actually been taken? Has the court merely requested further inquiry, or has a formal charge been brought? Has the person been summoned as a witness, a suspect, or an accused person? These distinctions matter. A request for investigation may be serious, but it does not remove the need for proof, representation, and due process.

Closing thought

The broader public lesson is that criminal justice must be able to follow the facts without turning suspicion into guilt. Article 106, as discussed in the 2026 petition, appears to preserve that possibility. Yet the power will remain legitimate only if it is exercised with restraint. The court may point toward a question. Prosecutors must still investigate it. And the person named must still be treated as innocent unless the law proves otherwise.

Source note. This article is based on the original draft’s discussion of the Amategeko portal, public reporting by KT Press and The New Times on the Supreme Court decision of 27 March 2026, and Article 106 of Law No. 027 of 2019 relating to criminal procedure.

Suggested citation

Ronald Serwanga, “Can Courts Ask Prosecutors to Investigate New Suspects?” East Africa Legal Insight (6 June 2026).