François-Xavier Mironko, a well-known businessman and industrialist in Rwanda is seeking over 3 billion Rwandan francs of ‘debt’ from the government, originating from military equipment supply tender awarded to him 29 years ago.
In 2020, the businessman applied the case in the East African Court of Justice (EACJ), Arusha-Tanzania, alleging the current government of Rwanda of violating the obligations in agreement.
Mironko claims in 1993 and 1994, through public tendering process, he was awarded a tender by government to supply various military equipment, which he did supply.
“The applicant states further that due to the confidential character, the urgency of the tender and from exceptional circumstances that the country was crossing, the tender was awarded on mutual agreement between both parties as provided by law.” EACJ quotes.
The tender was awarded to two companies represented by Mironko: International Industries, SA, based in Belgium and Mironko EurAfric SPRL based in Luxembourg.
Mironko claims that following certain payments made by government, there remained unpaid balance of ‘3,815,644,925 Rwandan francs’ in respect of delivered equipment.
The applicant made attempts through the courts including the Commercial Court of Nyarugenge and Supreme Court to recover the said claimed debt, but in vain.
The Supreme Court in April 2022, claimed that Mironko “has not been able to demonstrate and prove the agreement” between him and the government.
EACJ, on April 6, 2022, concluded that it “does have jurisdiction ratione personae/locus standi and jurisdiction ratione materiae to entertain” the case but it lacks “jurisdiction ratione temporis to hear and determine the case” because it was filed out of the time.
