Judgement RPA 11.801: Prosecutor and plaintiff Kilombo Sarah against accused Kukusa
Kadima
In a statement made and registered at the Court's Registry on the 21st November 2011, the
District Attorney, before the Court of First Instance of Kinshasa/Kalamu, appealed the
judgement filed under R.P. 10.572, pronounced by the latter on the 9 th July 2011, deeming it
ill-advised, on the matter of the Prosecution against the accused LUKUSA KADIMA, in which
the Court declared not established due to reasonable doubt the offense of abortion awarded
to the accused, declared on the other hand established that of rape with resort to violence
and sentenced him to 10 months of imprisonment, to 30.000 Congolese Francs of fine, to the
costs of the proceedings, benefiting from a 5 month deferral, declared that if he does not pay
the fines and the costs he will be charged with 10 and 15 days of detention, respectively, and
lastly sentenced him to the payment of 2.300.000 Congolese Francs in damages and
interests to the family of Sarah KITOMBO;
In the public hearing of the 16th March 2012 in which the case was appealed, pleaded and
taken into deliberation after the Prosecution's indictment, the plaintiff was represented by its
counselor MABIALA MANDELA together with Advocates TSALA and Jérôme MAKWALA, all
lawyers in Kinshasa, whereas the accused did not appear nor any representative, despite
being duly notified, which in any case was noted by the Court to be his fault;
For the Court, the procedure taken is thus in conformity with the law;
Filed within the legal rules and deadlines, the appeal presented shall be declared admissible;
1. FACTS OF THE CASE
The facts of the present case have remained constant in that the one called KILOMBO
Sarah, plaintiff and student, had sexual intercourse with the accused LUKUSA KADIMA,
Doctor in her state; Following these intimate encounters, the girl Sarah became pregnant;
Fearing the reaction of the girl's father, the Doctor LUKUSA KADUMA administered her
poisonous substances in order to cause an abortion; Fearful and as a last resort, the girl
informed her parents of this procedure and of the name of the responsible party; Taken to the
emergency in the Kintambo Hospital on the 31st December 2010, she passed away a few
hours later;
II. GROUNDS OF APPEAL FOR BOTH PARTIES
For the Prosecution and the plaintiff KILOMBO Sarah, aged 16, the offense of rape is
established; In fact, it does not cause any doubt since the 1st Judge completely established
the material status of this crime, having failed however in the pronouncement of the inflicted
sentence to the accused LUKUSA KADIMA, given 10 months with a deferral of 5 months,
since article 170 of the law of the 10th February 2009 regarding the protection of children