Judgement RPA 20.293: Prosecutor against Mr Kamenga Futila
In his statement made and registered at the Registry of the Court of First Instance of
Kinshasa/Gombe on the 16th October 2012, following his letter addressed to the division Clerk
of said Court on the 11th October 2012, the accused KAMENGA FUTILA, held at the central
Prison of Makala in Kinshasa, appealed the judgement pronounced by said Court on the 26 th
March 2012, filed under R.P. 20.293, in the case against the Prosecution, for deeming it illadvised;
Ruling after a public and due hearing of the accused, Having heard the Prosecution in its
indictment; Declared established both in fact and in law the crime of rape with resort to
violence awarded to the accused KAMENGA MFUTILA; Consequently, it sentenced him with
the admission of extenuating circumstances listed in the case to 3 years of imprisonment and
a fine of eight thousand Congolese Francs, payable within the legal deadline, under the threat
of 15 days of detention in case of non-payment;
Ruling about the civil action of FATOUMATA and RAMAZANI Julie, sentenced the accused to
pay them the amount of 800.000 Congolese Francs in damages and interests; lastly it
sentenced him to pay the costs of the proceedings or face 7 days of detention;
In the case's appeal, in the publci hearing of the 19th April 2013, the accused, being detained,
appeared in person without legal assistance; The procedure being within the rules, the Court
began its session;
Filed in conformity with the law, the appeal of the accused will be deemed admissible;
It follows form the analysis of the case files and of the arguments of the parties, that the
accused, in his role of domestic worker in Papa ILUNGA's house, abused his position by
introducing his fingers in the vagina of the girl FATOUMATA, aged 7, RAMAZANI Julie, aged 5
and DEBORA, aged 6, victims who are neighbors and daughter of the one called Papa
ILUNGA;
Called upon the case, the police arrested the suspect, interrogated him and heard the victims
in an investigation before sending the accused before the Prosecution. The latter, after a prejudicial investigation, called upon the 1st Judge to charge the accused for having committed
rape with resort to violence towards the victims, facts provided for and punished by articles
170 and 171 of the law number 09/001 of the 10th January 2009, regarding the protection of
children, whom pronounced the judgement here in appeal;
By filing the appeal, the Accused contests the decision of the 1st Judge for having convicted
him without any evidence of the victim's allegations; Questioned about the events awarded to
him by the Court, the accused does not admit having committed the crimes and asks for
evidence from the part of the victims and the exact knowledge of the date of the events;
Speaking on its case the Prosecution requested the confirmation of the work of the 1 st Judge
given that it is not appealing said decision;