Judgement RPA 11.654: Prosecutor and plaintiff Marie Kaj against Nzalakanda Audrien and
the Democratic Republic of the Congo
In his statement made and registered at the Bureau of the Court of First Instance of
Kinshasa/Gombe, on the 8th February 2010, Master BILE BOKELO, Lawyer of the Bar of
Kinshasa and holding special power of attorney given to him on the 29 th January 2010 by the
accused NZALAKANDA , appealed the judgement R.P. 18.951 for deeming it ill-advised; in
question the Prosecution and Plaintiff Marie KAJ against NZALAKANDA Audrien and the
Democratic Republic of Congo, issued on the 14th January by the above mentioned Court of
First Instance, which declared as established both in fact and in law the accusation of rape
with resort to violence through the single fact of carnal approximation being awarded to the
accused NZALAKANDA Audrien; Consequently it sentenced him after admitting extenuating
circumstances listed in the file to 18 months of imprisonment and a fine of 100.000 Congolese
Francs; declared that the same accused is excluded from this education establishment;
Declared admissible and founded the complaint filed by the victim MUTUTSHILA Noella,
underage, represented by Madame Marie KAJ, her tutor; Consequently, sentenced the
Democratic Republic of the Congo to pay 7.500 USD ( seven thousand and five hundred
American Dollars) in damages-interests set ex aequo and bono in favor of the victim;
Sentenced the accused to pay the proceedings' fees at a reduced rate within the legal
deadline or face 15 days of detention;
In his statement made and registered at the Bureau of the above mentioned Court, on the 23 rd
January 2010, Mr. MWEHU KAHOZI, Substitute of the District Attorney, appealed before the
above mentioned Court of First Instance against the same judgement; In a statement made
and registered in the Bureau of the same above mentioned Court, on the 24 th February 2010,
Madame Marie KAJ appealed against the same judgement, claiming insufficient damagesinterests.
In the case's appeal in the public hearing of the 29th October 2010, the accused
NZALAKANDA appeared in person to hear the arguments, assisted by his counselors
Masters NGOMA and UMBA, lawyers the Bar of Kinshasa, the plaintiff Marie KAJ appeared in
person to hear the arguments assisted by her counselor Master ZIMA, lawyer at the Bar of
Kinshasa/Matete. In its turn, the Democratic Republic of the Congo, while duly notified, did
not appear nor anyone in its name. The absence was duly noted;
In fact, the procedure is thus in conformity with the law;
Filed within the legal rules and deadline, the Prosecution's, the accused NZALAKANDA's and
the plaintiff's appeals are admissible;
The Prosecutor indicts the accused NZALAKANDA Audrien for having, in Kinshasa, name of
the city and capital of the Democratic Republic of the Congo, on an uncertain date during the
year of 2008, during a period not yet covered by the public investigation, with resort to
violence by the single fact of sexual approximation, committed rape upon the person of Ms.
MUTUTSHILA, in a circumstance when the victim was underage, 9 years-old, and the
accused was her teacher; facts provided and punished by article 170 of the CPC LII, as
modified and completed by the law number 06/018 of the 20 th July 2006;

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