Kereke case: Lawyers seek certificate of prosecution Munyaradzi Kereke
Dr Kereke

Dr Kereke

Daniel Nemukuyu Senior Reporter
Lawyers representing a girl allegedly raped by Bikita West legislator Dr Munyaradzi Kereke have written to the Prosecutor General Mr Johannes Tomana requesting a certificate to prosecute the politician.
Mr Charles Warara of Warara and Associates wrote to Mr Tomana last week following the dismissal of Dr Kereke’s challenge against private prosecution.

In a letter dated October 14, 2014, Mr Warara said: “The appeal by Dr Munyaradzi Kereke has been struck off the roll and the sum effect is that the High Court judgment stands unchallenged.

“We are by this, and in view of the High Court order and also in terms of Section 16, requesting that you furnish us with the certificate noll prosequi so that we can proceed to prosecute the matter privately as instructed by our client.”

Mr Warara said they wanted the matter heard before school holidays.

“We intend to have this matter set down as soon as possible so that we can proceed without delay in view of the coming school holidays,” read the letter.

Dr Kereke is alleged to have raped a then 11-year-old girl at gunpoint at his home in Vainona, Harare.

The Supreme Court threw out Dr Kareke’s appeal last week after ruling that the legislator had rushed to note an appeal against a High Court judgment in which he was not cited as a party.

In the High Court proceedings in which Justice Happias Zhou ordered Mr Tomana to issue a certificate for Dr Kereke’s private prosecution, the politician was not cited as a party and his decision to approach the Supreme Court contesting the same decision was wrong at law.

Lawyers representing Dr Kereke admitted the error and unsuccessfully sought to withdraw the application.

The three-member court of appeal ruled that a withdrawal was not possible because the case was improperly set before them and striking it off was the most appropriate action.

Dr Kereke denies the allegations, saying this was a smear campaign emanating from his acrimonious feud with former Reserve Bank of Zimbabwe governor, Dr Gideon Gono.

Dr Kereke worked as Dr Gono’s advisor for years but the two have since fallen out.

The ruling by Justice Zhou followed an application by the complainant’s guardian, Mr Francis Maramwidze seeking the arrest and prosecution of Dr Kereke on charges of rape.

 

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