Kereke rape case back in court

HARARE - High Court judge Happias Zhou will on Thursday determine whether Member of Parliament for Bikita West, Munyaradzi Kereke should answer to rape charges reported against him by an 11 year-old relative.

The girl’s guardian Francis Maramwidze filed a High Court application, seeking an order compelling the businessman’s prosecution.

Maramwidze’s lawyer Charles Warara yesterday confirmed to the Daily News that court papers had been served on Kereke and the matter has been set down for Thursday.

Kereke last week approached the Constitutional Court, arguing he should not be cited as a respondent in the application.

However, Warara said he will tell the court that the application is “frivolous and vexatious”.

Warara said the natural consequences in the event the judge rules that Kereke has a case to answer would be that he will be arrested over the charges.

The proceedings might mark the beginning of a long legal battle that has been hogging the limelight for the past few years.

Kereke’s lawyer James Makiya also confirmed to the Daily News that the matter will be heard this Thursday in court.

“Justice Zhou will hear the matter and I will be representing my client. I am not going to comment much since the matter is sub-judice,” said Makiya.

Zhou in November last year said Kereke, a former advisor to Reserve Bank governor should be cited as a respondent in the application in which Maramwidze is seeking the maverick businessman’s arrest.

He said the parliamentarian was an interested party.

In the application, Maramwidze said he initially reported the matter at Highlands Police Station.

“Following this report, the police were expected to take the case a step further by effecting an arrest of the accused. That was not done. “He was not even called to report to the police station,” said Maramwidze.

He said after the police report was filed, Kereke started visiting his place of residence, “specifically to persuade” him to drop the charges before threatening to sue him over the case.

He told the court he made a report to the police pertaining to the threats.

“They (police) even told me to be very careful with the children as well as my life as he (Kereke) was very well-connected to Zimbabwe Republic Police (ZRP) and Central Investigation Department officers who were protecting him and could harm me,” reads Maramwidze’s application.

“I have lost faith in the criminal justice delivery system which protects the influential,” he added.

However, Kereke denies the allegations and claims he cannot influence the police and the prosecutor general’s (PG) competent decisions on any alleged criminal matter in Zimbabwe.

He said that Maramwidze’s application did not mention him but, cited the commissioner-general of the ZRP and the pG.

“The first respondent (police commissioner general)’s submissions to this honourable court clearly shows the first respondent  fully discharged their constitutional mandate and saw no merit for investigating further, let alone prosecuting me,” Kereke said in the application.

He said the prosecution of the alleged criminal activities within Zimbabwe is under the direct control and authority of the PG of Zimbabwe who must discharge duties independently.

Kereke told the court the PG’s office made extensive submissions giving reasons why it did not prosecute this matter, basing the argument on the lack of incriminating evidence.

He further said a court’s decision for him to be prosecuted will be an infringement on the police and PG’s obligation to act independently and maintain law and order as enshrined in the Constitution of Zimbabwe.

Kereke claimed the police and the PG’s office had concluded their investigations, and had cleared him of the charges.

He argues that the latest action is a clear act of malice against him.

According to his application, Kereke claims due process was followed by the investigating authorities and that he submitted a warned and cautioned statement to Borrowdale Police Station at the material time on the “malicious false complaint” that had been lodged against him.

Comments (6)

usatye be cleared by the courts if you have nothing to fear

Colonel - 13 January 2014

It high time rapists were castrated. We need to protect our children from these wild animals in human bodies!

Feldman Bandura - 14 January 2014

Kereke watonyura. Pawakangotanga hupla hupla uchipinza ma boss mukati wakabva wadenha those who protected u. Kupotsera matombo kune vane dzimba dzamarata Iwe une dzamagirazi.

musharukwa - 14 January 2014

Kereke's mouth will be zipped in no time. In fact you shall witness an about turn from Kereke in the next few days. He will start singing praises for the VP and Gono. They now have him by the balls. "if you continue screaming, you go forever, but if you keep your big mouth shut, then you enjoy your new status" he will be told and its too abvious that he will choose his freedom

employ, empower, indigenise - 15 January 2014

Its quite unfortunate that Mr Kereke chose the fame by saying all sorts of things against his former bosses to the public media. Infact he thought he can become a celebrity by being quoted in the press everyday publishing illicit deals in which is involved in some. If Mr Kereke wanted to show that his hands are clean, he should have resigned from the RBZ as Gono`s Advisor citing all these allegations and dirty linen he is trying to wash in the public. Now its a true test of character for Mr Kereke or so called Dr who purport to have plagiarized for Gono`s doctorate committing serious academic offences, to prove beyond any reasonable doubt that his hands are clean in this rape case.

Makawiramiti - 15 January 2014

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