Appearing on The Long Form podcast hosted by Sanny Ntayombya, Mugisha spoke candidly about his 2018 Supreme Court petition that sought to decriminalise adultery. He argued that sending spouses to prison for infidelity undermines the family unit.
'You probably have the breadwinner in jail. What happens to that family? You end up with complicated issues of reconciliationâ€"how do you expect reconciliation to happen after that?" he said.
"If the state were to allocate resources to support families, it might be more effective to divert them to counselling services, psychologists, or mediators, rather than criminal prosecution and investigations, which, in my view, do not make the best use of state resources.'
He argued that he still believes the law 'satisfies a vendetta' but does little for the family's long-term well-being.
The petition sparked controversy at the time, with 48 women's organisations opposing it, arguing it was an attempt to 'legalise adultery.' Mugisha insists this was a misinterpretation, noting that most prosecutions involved two married people and that the law remains ineffective due to the difficulty of proving cases.
Although the Supreme Court rejected his arguments, he believes the debate highlighted the need for more effective approaches to family disputes.
Law in the age of AI
Turning to the future, Mugisha noted that AI is revolutionising legal work, particularly research and contract drafting, but said lawyers must sharpen human-centred skills.
'AI will never close a deal. That requires negotiation, understanding clients, and convincing parties,' he said. For young lawyers, he recommended broader educationâ€"psychology, philosophy, or historyâ€"before specialising in law, to cultivate critical thinking beyond what machines can replicate.
On whether AI could replace judges, he was cautious, noting that while AI can improve efficiency and accuracy, it cannot initiate investigations or examine witnesses. He believes that human judgment will remain indispensable.
Free speech and legal reform
Mugisha also discussed Rwanda's evolving legal landscape, including his role in challenging laws that criminalised caricatures and writings deemed humiliating to government officials. While the Supreme Court upheld restrictions around depictions of the president, lawmakers later amended the law after President Kagame himself disagreed with the ruling.
"The arguments we were making before the court were that this was just endangering journalists for no good reason, because anyone could overuse the hand of the law to stifle criticism," he stated.
Cross-border practice and regional integration
As a former president of the East African Law Society, Richard Mugisha has been a vocal advocate for enabling lawyers to practice across East African borders. He expressed frustration with regional 'protectionism,' noting that while the 'value' of legal integration is widely acknowledged, reluctance to open markets often stalls progress.
During his tenure, Mugisha said, he pushed for collaboration in 'non-jurisdiction-specific' areas like construction, mining, and project finance, where legal expertise could be applied regionally without being hindered by local laws. He emphasised that 'fear' of losing local opportunities prevents the creation of East Africa-wide law firms, forcing countries to rely on external expertise for specialised legal work.
Mugisha also shared personal stories of growing up as a refugee in Uganda during Idi Amin's regime, where arbitrary arrests and land dispossessions fuelled his passion for justice.
After studying law in Lesotho and later completing an LLM at New York University, Mugisha returned to Rwanda in 1995, working first in government before co-founding Trust Law Chambers. The decision, he said, was inspired by a desire to contribute to national development through the private sector.
'It wasn't a hard sell at home,' he said of leaving his government job to start a firm with limited savings. 'My wife had a job, we had only one child, and we could live on little while figuring things out. But it was scary, embarking on uncharted territory.'
Beyond his legal work, Mugisha serves as Lithuania's Honorary Consul in Rwanda, a role he took on in 2019. Though voluntary, he views it as an opportunity to foster business and cultural ties, as well as to support Lithuanian nationals in Rwanda.
'I've enjoyed connecting people and solving problems,' he said.
Watch the full interview below:
Wycliffe Nyamasege
