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Munyaradzi Kereke

Daniel Nemukuyu Senior Court Reporter
Lawyers representing Bikita West legislator Munyaradzi Kereke yesterday successfully applied to file a supplementary affidavit and heads of argument in a High Court case in which parents of a girl he allegedly raped in 2010 are challenging the Prosecutor-General’s decision to decline prosecution.

Justice Happias Zhou granted the application by Advocate Lewis Uriri and Mr James Makiya, who are acting for Kereke. He gave Kereke’s lawyers up to February 2 to file the documents with the High Court while Mr Charles Warara of Warara and Associates will file a response on February 5. Mr Warara is representing the girl’s parents.

Mrs Sharon Fero is representing the Prosecutor-General Mr Johannes Tomana and the Police Commissioner-General Augustine Chihuri.
Justice Zhou deferred the case to today when the parties are expected to agree on an appropriate date for the hearing of the case.
Mr Tomana declined to prosecute Kereke citing lack of incriminating evidence.

That prompted Mr Warara, on behalf of the girl’s father, to approach the High Court seeking to overturn the decision of the PG.
In the application, the girl’s father alleges that Kereke raped the girl, who was 11 years old, at gunpoint in 2010.

He claims that the incident occurred at Kereke’s house where the girl had visited some relatives. The man said he reported the matter to the police but they did not act.

He claimed the matter was moved from one section of the police to the other. It was sent to the then Attorney-General’s Office after he had made frantic efforts to ensure the police performed their duty.

He claims Kereke visited him at his house persuading him to drop the charges but he refused. The girl’s father wants the court to issue an order compelling the PG and the police to prosecute Kereke on the rape charges.

Police Commissioner-General Chihuri, in his papers filed at the High Court, said his officers did their best in investigating the case.
He argued that the decision to decline prosecution was the responsibility of the AG’s Office.

Mrs Fero defended her office’s position saying the PG cannot be compelled to prosecute a case he has declined to prosecute.