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Tendai Rupapa Senior Court Reporter
The High Court has slashed a 45-year jail term imposed on a Mutoko headmaster who raped his neighbour’s daughter to 35 years. Justice Hlekani Mwayera argued that the sentence by the trial magistrate was too harsh before reducing it to an effective 20 years. Vari Bonjisi, who was head of Nyamanyora Primary School, was convicted of three counts of rape and another of aggravated indecent assault before he was slapped with a 45-year jail term.

Bonjisi committed the offence in 2006. On review, Justice Mwayera ruled that the sentence was excessive in the circumstances and reduced it by 10 years. Bonjisi was jailed in February this year by magistrate Mr Simon Rogers Kachambwa.

On the first count, Mr Kachambwa sentenced Bonjisi to 10 years and then slapped him with 20 years for his second and third offences, which were treated as one.

On the count of aggravated indecent assault, Bonjisi was sentenced to 15 years.
Mr Kachambwa suspended 10 years on condition of good behaviour. But Justice Mwayera said the sentence was outrageous and should be set aside.

“No issues arise from the conviction, but the sentence imposed by the trial court given the circumstances is unduly harsh and must be set aside,” she said.

“The magistrate ought to have treated all rape counts as one for sentence in a bid to give a proportionate sentence to the offences.
“It is the sentencing approach by the trial magistrate which is questionable when one considers the cumulative sentence reached.

“Sexual offences are by nature serious and call for stiff penalties, but that does not justify treating counts separately in a bid to mete out harsh sentences.”

After reviewing the first count, Justice Mwayera sentenced Bonjisi to five years in prison. She then treated the remaining three counts as one and sentenced Bonjisi to 25 years in jail.

Of the 30 years, Justice Mwayera set aside 10 years on condition of good behaviour, leaving Bonjisi to serve 20 years.