Court Bailiff is any person recognized by the law to execute court decisions and other enforcement orders bearing the enforcement formula, or other operations relating to his/her competence.
1. Categories of Bailiffs
Bailiffs shall be in two categories:
1.1. Non-professional bailiffs.
Non-professional bailiff is a public civil servant whose powers are provided by the Law to be a bailiff while he/she is still performing his/her duties.
Non-professional bailiffs are the following:
1°Executive Secretary of the District;
2°Executive Secretary of the Sector;
3°Executive Secretary of the Cell;
4°Deputy Coordinators of Access to Just Bureaus;
5°civil servant of the Ministry in charge of the supervision of the execution of
6°Director of prison;
7°any other persons authorised by the law.
Non-Professional bailiffs shall be entrusted with those powers upon their appointment in their respective positions and after taking oath and shall loose such powers after leaving those positions
1.2. Professional bailiffs
Professional bailiffs are those who execute decisions, court decisions, other orders bearing, the enforcement formula and other operations relating to their competence as their principal duties.
1.2.1. Requirements to be a professional bailiff
A professional bailiff shall fulfill the following requirements:
1° to be a citizen of any of the East African Community countries;
2° to be at least twenty one (21) years old;
3° to hold at least a bachelor’s degree in Law or its equivalent;
4° to hold a criminal record certificate certifying that he/she has not been sentenced to a term of imprisonment equal to or exceeding six (6) months;
5° to have successfully passed the written exam.
1.2.2. Restricted persons to be professional bailiff
The following persons shall not be allowed to be professional bailiffs:
1° any person who has been sentenced to a term of imprisonment equal to or exceeding six (6) months;
2°any person struck off the roll of advocates;
3°any person dismissed from his/her job as a result of disciplinary sanction for acts
contrary to the honor, probity and morality.
1.2.3. Incompatibilities with the profession of bailiff
The profession of bailiff shall be incompatible with the following duties:
1° judge or prosecutor;
3° court registrar;
4° civil servant or having any other paid duty.
However, the profession of bailiff may be compatible with the profession of lecturing in high learning institutions and universities, research, literature and artist.
1.2.4. Application for being professional bailiff
A person wishing to be a professional bailiff shall address his/her request to the Minister of Justice through a registered mail or hand delivery with acknowledgement of receipt with all documents showing the fulfillment of requirements and shall reserve a copy to the President of the Association and the President of the High Court.
For more information read law N0 12/2013 of 22/03/2013 governing the Bailiff Function in Official Gazette of the Republic of Rwanda N0 14 of 08/04/2013
2. The scale of fees for the professional bailiffs
The scale of fees for the professional bailiffs was determined by an Order of the Minister No 003/08.11 of 11/02/2014(page 54-63)and was published in the Official Gazette No Special of 12/02/2014 of the Republic of Rwanda