Private prosecutor sues Kereke

HARARE - A Harare Court will today be asked to set an amount to be paid to private prosecutor Charles Warara as legal costs after the gritty lawyer secured a 10-year rape conviction against the Bikita West Zanu PF MP.

Warara wants regional magistrate Noel Mupeiwa to order the payment of the amount he accrued in legal fees and related expenses over the past six years.

The regional magistrate is expected to determine the amount of damages payable to Warara.

Kereke, who is the former Reserve Bank of Zimbabwe advisor, was jailed for an effective 10 years by Mupeiwa on Monday after he was found guilty of raping his wife’s then 11-year old niece in 2010.

Warara, who relentlessly prosecuted the case, confirmed to the Daily News that Mupeiwa will deal with the issue of the legal costs incurred during the trial today at the Harare Magistrates’ Courts.

“We will be going to court. We have requested the magistrate to sit and determine the costs arising from the private prosecution,” Warara said.

He also said he was contemplating suing Kereke for damages.

The financial assets of the 44-year-old Rock Foundation Medical Centre founder, who personified the arrogant model rich man, are more at risk from the ongoing civil suit that has been filed.

A loss in the civil litigation could be very costly for the jailed Kereke, whose career as an aide to RBZ governor Gideon Gono, made him one of the wealthiest people in economics.

Warara’s award can run into hundreds of thousands of dollars, and is going to be enormously expensive for Kereke, who is married to three wives and has 17 children.

Warara further said at the moment, the circumstances are not justifiable for them to challenge the sentence imposed.

Kereke’s lawyer, Eram Mutandiro, on Tuesday told the Daily News that he had not yet received instructions from his client to file an appeal challenging both conviction and sentence.

Warara said they will cross appeal if Kereke decides to appeal against the sentence.

Kereke’s case became a protracted court battle that lasted six years after suspended prosecutor-general Johannes Tomana initially declined to prosecute the businessman, arguing that he had no case to answer.

However, the victim’s guardian Francis Maramwidze, refused to back down and demanded justice in the case.

Tomana’s deputy Florence Ziyambi eventually issued a certificate for Kereke’s private prosecution after the Constitutional Court gave the prosecutor-general an ultimatum to comply with the order or face 30 days in prison.

“In the event the applicant (Tomana) fails to comply with this order, he shall be in his personal capacity barred from appearing as a legal practitioner in Zimbabwe,” chief justice Godfrey Chidyausiku ruled last year, which resulted in Kereke’s prosecution and subsequent conviction.

Comments (4)

Vapei zvavo mugove wavo VaWarara avo. Tinokutendai nekuindisa mabhinya kujere. Munya, tough lucky. Pass my warm greetings to RM Gumbura.

Captain D - 14 July 2016

Im sorry to Kereke for the conviction and pray for you that you gladly accept your sentence and soldier on till you finish. Think of Gumbura, and you will realise your are not alone.Shit happens.

Jayzee - 14 July 2016

WHo would have thought that the mad man Kereke will be a citizen of Chikurubi?

Bhonklanti Ntwala - 14 July 2016

Now we want a private prosecution for Mwale a.k.a. Kitsiyatota for murdering MDC activits. Handei tione.

Ndabazezwe Viki - 14 July 2016

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