Home » Judicial » Kereke to Receive Legal Costs

Bikita West legislator Dr Munyaradzi Kereke is set to receive more than US$12 000 from the guardian of a minor girl he is alleged to have raped after the High Court ruled the legislator was improperly cited in a case pitting the man and Prosecutor-General Mr Johannes Tomana.

Although the complainant’s guardian won his legal battle against Mr Tomana on Wednesday for a certificate allowing private prosecutors to take up the case, the man was ordered to pay Dr Kereke’s suit costs.

Justice Happias Zhou ruled that the complainant’s lawyer, Mr Charles Warara, improperly cited Dr Kereke.

“The applicant shall pay the legal costs incurred by Dr Munyaradzi Kereke in respect of this application,” said Justice Zhou.

When the application was brought to court only Commissioner-General Augustine Chihuri and Mr Tomana were cited as respondents.

However, at one stage Justice Zhou told Mr Warara to consider the propriety of seeking relief that aersely affected Dr Kereke without giving him the opportunity to make representations and asked the lawyer to prepare to address the court on issue at the hearing.

However, Mr Warara simply amended his papers and cited Dr Kereke as party to the proceedings.

Dr Kereke filed papers objecting to being joined in the matter through his lawyer, Aocate Lewis Uriri.

Justice Zhou subsequently ruled: “In the premises, the court finds that Dr Munyaradzi Kereke has not been properly joined as respondent in this application.”

Meanwhile, Dr Kereke’s lawyers yesterday filed a notice of appeal at the Supreme Court against the High Court’s decision to allow issuance of a certificate for private prosecutors to take up the case against the legislator.

The lower court, the lawyers argue, erred in granting relief that was not sought in the founding affidavit.

“… private prosecution must in the present constitutional dispensation be only permissible in circumstances wherein it has been proven that the refusal to prosecute is driven by improper considerations,” they said.

He denies the rape allegations, saying they are part of smear campaign emanating from his acrimonious feud with his former boss, ex-Reserve Bank of Zimbabwe Governor Dr Gideon Gono.

Source : The Herald