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Former Bikita West MP, Munyaradzi Kereke, was still a free man days after he lost an appeal against his conviction at the Supreme Court for raping a child.
The former Reserve Bank of Zimbabwe (RBZ) advisor was out of custody on ZWL$500 000 bail pending his appeal against both conviction and sentence.
After the top court’s May 31 judgement, Kereke should have surrendered himself to prison authorities to serve the final 20 months of a 10-year prison sentence.
According to <a href="https://www.zimlive.com/child-rapist-kereke-still-a-free-man-after-losing-supreme-court-appeal-against/">ZimLive</a>, as of Sunday, Kereke was still enjoying the comfort of his home.
Charles Warara, the private prosecutor who pursued Kereke after the National Prosecuting Authority refused to take up the rape case, said police must arrest him and deliver him to Chikurubi Maximum Security Prison.
Kereke was serving his jail term at Chikurubi before he was released on bail pending appeal in 2021. Warara told ZimLive:
<blockquote>
His lawyer called me and said his client has a commercial case in the High Court on Monday and is to appear for trial and was requesting if he can check in to prison after.
This is what I understand as the reason his lawyer gave. This is not to say we agreed but we cannot do anything to force him into prison because we have done our part.
The police have an obligation to arrest him… He has to surrender himself and if he doesn’t he must be arrested and taken in.
</blockquote>
Kereke was found guilty of rape by Harare magistrate Noel Mupeiwa in 2016 after Warara proved that he raped his then 11-year-old niece between March and August 2010. Kereke raped the minor at gunpoint.
He was sentenced to 14 years imprisonment but four years of his jail term were suspended on condition of good behaviour.
He then appealed against the sentence but lost at the High Court, before mounting the Supreme Court appeal.
On May 31, 2024, a three-judge panel of Justices Tendai Uchena, Samuel Kudya and George Chiweshe unanimously agreed to confirm the conviction and sentence imposed on Kereke. The judges said:
<blockquote>
The private prosecution prevailed against indomitable hurdles placed in its way by a generally lacklustre investigation by the police.
It also overcame the spirited refusal by the Prosecutor General [Johannes Tomana] to prosecute Kereke and his unlawful refusal to issue a certificate nolle prosequi, to the victim.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Kereke Still A Free Man Despite Losing Supreme Court Appeal

Convicted rapist Munyaradzi Kereke has had his sentence reduced by three years for good behaviour. Kereke was sentenced to an effective 10 years in prison after he was convicted of raping his then 11-year-old niece at gunpoint. He was eventually convicted following a protracted battle and a private prosecution, after then prosecutor general Johannes Tomana declined to prosecute and refused to issue a certificate of private prosecution.
Kereke is also being transferred from Chikurubi Maximum Prison to Connemmara Open Prison near Gweru. This was revealed when Kereke filed an application for bail pending appeal. The appeal is based on the changed political situation in the country as Kereke is claiming that he was politically persecuted under former president Robert Mugabe.
However, Charles Warara, the lawyer who got Kereke convicted through private prosecution, has opposed the application arguing that Kereke is using his close relationship with President Emmerson Mnangagwa to get out of prison.
Said Warara:
<blockquote>He admitted being very close to the current president of Zimbabwe (Emmerson Mnangagwa) and as such he might be using that influence in prison to continue his political protection.
Once he is released, he will never again be taken back because he is connected to the leadership in the government and they have openly stated in public that applicant must be helped out of prison because he was taken to prison through a political outfit notoriously called G40 which he claimed in court was responsible for his political persecution
…All this needs proof and an investigation by respondent why the applicant has suddenly become such an important prisoner to the current hosts in government. It will become meaningless for the justice system to benefit rapists on the basis that a court sentence can be slashed by prison officials just like that.</blockquote>
More: <a href="https://www.dailynews.co.zw/articles/2018/03/03/kereke-s-jail-sentence-cut">Daily News</a>

Kereke's Sentence Reduced For Good Behaviour, Amid Claims He Is Abusing Mnangagwa's Influence

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