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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

Former Reserve Bank of Zimbabwe (RBZ) advisor, Munyaradzi Kereke, has been sent back to jail after the Supreme Court on Friday upheld his conviction and an effective 10-year jail term for raping a juvenile relative.
As reported by <a href="https://www.herald.co.zw/ex-legislator-kereke-sent-back-to-jail/">The Herald</a>, the former Bikita West legislator was out of custody on ZWL$500 000 bail pending his appeal against both conviction and sentence.
He had 20 months to serve when he was granted bail pending an appeal against conviction and sentence in August 2021.
Kereke was in July 2016 convicted of raping his then 10-year-old relative at gunpoint and jailed for 14 years.
Four years of his jail term were suspended on condition of good behaviour.
He was acquitted on another charge of indecently assaulting the rape victim’s elder sister.
On Friday, 31 May 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.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Rapist Munyaradzi Kereke Sent Back To Jail To Complete Sentence

<a href="https://www.pindula.co.zw/Munyaradzi_Kereke/">Munyaradzi Kereke</a>, an advisor to the former <a href="https://www.pindula.co.zw/Reserve_Bank_of_Zimbabwe/">Reserve Bank of Zimbabwe</a> governor, is currently in custody for allegedly defrauding the Harare Municipal Medical Aid Society (HMMAS) of US$137,000. However, Kereke has denied these allegations and has stated that his alleged accomplice, Everisto Rukasha, is innocent.
Kereke expressed pity for Rukasha, as he believes that Rukasha was wrongly implicated in the fraud. Kereke also claimed that the investigating officer disregarded evidence that could prove his innocence and the existence of a crime. He said while applying for bail before Magistrate Marewanazvo Gofa:
<blockquote>
The signatories are the acting CEO, Zach Murerwa and witnessed by the board.
</blockquote>
Kereke also stated that the acknowledged $400,000 was legally approved by the new management. He explained that during the period when the alleged extortion took place, he was at a church camp for the annual Passover from July 1 to July 17, 2022. This indicates that he could not have been involved in extorting money from the board during their meetings. He added:
<blockquote>
The IO is mistaking selling a hospital to selling it to a building. The US$800 000 is the price of one building. I sold certificate licenses, furniture, a business.
</blockquote>
Kereke told the court that he had a legally binding agreement of sale, signed by the board when they fired Rukasha. He expressed pity for Rukasha, as he was not involved in the signing of the agreement. Kereke claimed that he showed the investigating officer (IO) the agreement but it was ignored.
Kereke also mentioned that HMMAS preferred to purchase the business assets separately. He applied for bail, explaining that he has a large family to support. He assured the court that he has complied with his current bail conditions in a separate case where he was sentenced to 10 years for raping his niece at gunpoint. Kereke is currently on bail pending appeal.
He further stated that he has business interests in Zimbabwe and therefore has no reason to flee if granted bail. However, the investigating officer, Owen Mutembwa, opposed bail, citing the presence of more than 12 witnesses who are set to testify. Mtembwa said:
<blockquote>
Some are previous business partners who participated in the selling of the hospital.
We saw his ability to visit HMMAS and terrorise employees and board members of HMMAS.
</blockquote>
Mtembwa claimed that Kereke would intimidate employees by threatening to repossess the hospital if they didn’t pay the money. Mtembwa also mentioned that Kereke still had possession of the title deeds and would send intimidating emails to the board chairperson.
The magistrate will make a decision on Kereke and Rukasha’s bail application on November 13.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Munyaradzi Kereke Denies Allegations Of Defrauding HMMAS US$137,000, Exonerates Rukasha

<a href="https://www.pindula.co.zw/Munyaradzi_Kereke/">Munyaradzi Kereke</a>, a former advisor to the <a href="https://www.pindula.co.zw/Reserve_Bank_of_Zimbabwe/">Reserve Bank of Zimbabwe</a><a href="https://www.pindula.co.zw/Reserve_Bank_of_Zimbabwe/"> (RBZ)</a> governor, appeared in court on charges of defrauding the Harare Municipal Medical Aid Society (HMMAS) of US$137,000. Kereke and HMMAS CEO Everisto Rukasha appeared before Magistrate Marehwanazvo Gofa and were remanded in custody for a bail application the following day.
The complainant in the case is HMMAS, which is a subsidiary of the City of Harare. Rukasha is currently suspended, and Kereke is the founder and owner of Briward (Pvt) Ltd, trading as Fortress Hospital.
The allegations state that in early 2014, Rukasha and Kereke agreed to sell Fortress Hospital to HMMAS. Kereke appointed Newton Madzika to handle the transaction on his behalf. HMMAS made a full payment of US$800,000 into Health Body Images’ bank account on November 7, 2014.
However, in March 2022, Rukasha and Kereke conspired to defraud HMMAS. Kereke falsely claimed that HMMAS still owed him US$400,000 for the property purchase. He threatened to repossess the property, which was still in his name, and informed the HMMAS board that he possessed the property’s title deeds.
As a result, HMMAS authorised payment to settle the deceitfully created debt.
Kereke, a former ZANU PF Member of Parliament for <a href="https://www.pindula.co.zw/Bikita/">Bikita</a> West constituency, has a pending rape case. In July 2016, he was convicted of raping his under age niece at gunpoint and was given a 10-year prison sentence. However, in August 2021, the Supreme Court <a href="https://www.pindula.co.zw/2021/08/04/munyaradzi-kereke-granted-500-000-bail/">granted him bail of $500,000</a> while he awaited the outcome of his appeal against the conviction and sentence. The bail was accompanied by strict conditions set by the court.
More Pindula News

Former RBZ Advisor, Munyaradzi Kereke, Appears In Court For Defrauding HMMAS Of US$137,000

Jailed former politician and businessman Munyaradzi Kereke is back in the Supreme Court challenging his conviction one more time, New Zimbabwe reports.
Kereke who was convicted for 10 years in 2016 for se_xually abusing his 11-year-old niece, still maintains the magistrate erred in convicting him as he never committed the crimes.
Kereke’s lawyer in their urgent court application said:
<blockquote>The applicant filed a defective application for leave to appeal the dismissal of his appeal against conviction and sentence by the High Court under judgement number HH374/19 handed down in May 2019
Applicant persists that his intended appeal carries with it positive prospects of success on the questions of mixed fact and law and also on the questions of law proposed therein.
I also seek an order condoning my failure to file a proper application for leave to appeal in the form and manner prescribed by the rules of this court.
I reiterate that the factual conclusions reached by that court were a result of an erroneous process of reasoning resulting from misapplication of legal principles and mischaracterisation of the facts and evidence.
There are material inconsistencies on the explanation for the delay by the complainant in informing anyone, assuming that the rape occurred. Did the complainant delay because she feared for her safety or because she was embarrassed to share the experience or both.
Without resolving this contradiction, it is hard to accept that the inferior court would find that the delay was sufficiently explained on the facts.
The issue of the gun is also material. As it stands, the record is awash with so many inconsistencies that one is not aware whether the gun was produced pointed or was simply in existence. The whereabouts of the gun when the complainant allegedly pushed me away is also not explained,</blockquote>
Kereke went to jail after the state successful proved that he violated the minor at gunpoint. The case is yet to be heard.
More: <a href="https://www.newzimbabwe.com/kereke-in-fresh-freedom-bid/">New Zimbabwe </a>

Kereke Appeals His Sentence And Conviction Again

Madock Chivasa who is contesting in the Bikita West by-election says he was attacked by more close to a dozen people at Nyika growth point.  Chivasa was attacked together with his election manager  Thomas Mudzamiri.  Chivasa said his attackers were wearing Zanu-PF t-shirts and accused him of opposing the ruling party.  Chivasa reported the attack at Bikita police.
In an interview with New Zimbabwe, Chibaya said:
<blockquote>Initially, I thought these were just Central Intelligence Oganisation (CIO) operative who were assigned to monitor our campaign and we did not worry much about it.
That is when we sped to Tokonya Growth Point where we thought they would not harm us since there are a lot of people there. Unfortunately, that is when the attack took place.
This will only strengthen me because no amount of violence can change my mind. I am against Zanu PF and there is no way they can sway me into believing in Zanu PF. I will soldier on</blockquote>
The election is this weekend, to replace Munyaradzi Kereke who was convicted of rape.
More:  <a href="http://www.newzimbabwe.com/news-34261-Bikita%20NCA%20candidate%20beaten,%20left%20for%20dead/news.aspx" target="_blank">NewZimbabwe</a>

Bikita West by-election NCA candidate beaten up by alleged  Zanu-PF supporters

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