Former Bikita West legislator Munyaradzi Kereke has been sent back to prison after the Supreme Court upheld his conviction and ten-year sentence for raping a juvenile relative.
Kereke had been out on $500,000 bail while appealing both his conviction and sentence. After successfully obtaining bail in August 2021, he had 20 months remaining on his sentence.
In July 2016, Kereke, who was an adviser to ex-Reserve Bank of Zimbabwe Governor Dr. Gideon Gono, was convicted of raping his 10-year-old relative at gunpoint. He was sentenced to 14 years in prison, with four years suspended for good behavior. He was acquitted of another charge of indecent assault against the rape victim’s older sister.
Yesterday, a panel of three judges—Justice Tendai Uchena, Justice Samuel Kudya, and Justice George Chiweshe—unanimously upheld Kereke’s conviction and sentence. Justice Kudya, writing the judgment, dismissed all five of Kereke’s grounds for appeal, which collectively challenged the validity of the conviction.
Kereke’s defense argued that the trial court incorrectly assessed his alibi defense and failed to consider the lack of rebuttal evidence from the prosecution. However, Justice Kudya stated that the complainant’s testimony was credible, supported by medical evidence and the lies told by Kereke and his witnesses.
“We are satisfied that the defense of an alibi was properly disproved and shown to be false beyond reasonable doubt,” Justice Kudya said. He added that the prosecution proved beyond reasonable doubt that Kereke’s witnesses were coached, and their testimony was not just untrue but palpably false.
The case proceeded as a private prosecution led by Mr. Munyaradzi Maramwidze, the complainant’s guardian. This prosecution faced significant obstacles, including inadequate police investigations and resistance from the late Prosecutor-General Johannes Tomana, who unlawfully refused to issue a certificate nolle prosequi. This certificate is required for private prosecutions by parties with a substantial interest in the case.
Despite Kereke’s attempts to block the private prosecution, the Constitutional Court allowed it to proceed, five years after the alleged offense.
The Supreme Court noted that the records showed Kereke engaged in a campaign against senior Zanu-PF politicians and other officials after the allegations surfaced. He made baseless accusations against individuals he believed supported the complainant, including David Butau and Mr. Maramwidze.
Justice Kudya acknowledged that Kereke issued a public apology to his former boss, the RBZ Governor, following his trial conviction.
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