By Daniel Nemukuyu
Jailed Bikita West legislator Munyaradzi Kereke has launched a fresh freedom bid following the intervention of his estranged wife, who offered to accommodate him and to fund a house arrest pending determination of his appeal.
Kereke, who is serving an effective 10 years in jail for raping his then 11-year-old niece, is seeking to be released on bail pending determination of his appeal against both conviction and sentence.
Alternatively, he is seeking an order placing him under house arrest at his own expense.
The estranged wife, Ms Elizabeth Sibanda, has also undertaken to surrender title deeds to her Mandara property as surety to secure his freedom.
Last month, Justice Happias Zhou threw out Kereke’s initial bail application on the basis that the politician was not a proper candidate for temporary freedom.
In the same judgment, the judge also indicated that Kereke’s prospects of success on appeal were high.
In the fresh application prepared by Advocate Thabani Mpofu, Kereke submitted that Ms Sibanda had offered her Mandara property measuring 1,1 hectares as surety.
Another couple, Mr Arnold Chidhakwa and his wife Barbara Chidhakwa, offered another property -Stand 694 Bannockburn Township of Stand 1 Bannockburn, Harare – as surety.
The lawyers submitted that Ms Sibanda was prepared to fund any overhead expenses incurred in connection with a house arrest at her property -No. 31 Ness Road, Mandara.
The developments, Kereke argued, constituted changed circumstances warranting his freedom pending finalisation of his appeal.
Kereke decided to approach the court with a fresh application following a visit by Ms Sibanda to prison.
“Applicant’s estranged wife Elizabeth visited him in prison and offered to stand surety for his release on bail.
“In that connection, she offered an immovable property as recognisance, and to accommodate Kereke until finalisation of the matter,” the application reads.
The State is yet to respond to the application ahead of the court hearing this week.
Regional magistrate Mr Noel Mupeiwa sentenced Kereke to 14 years behind bars but set aside four years for five years, on condition that he does not commit a similar offence within that period.
The court, however, acquitted him on charges of indecently assaulting the victim’s elder sister.
Kereke still insists that the charges he was convicted of were fabricated by the complainants’ maternal grandparents after he refused to pay the children’s school fees arrears, but Mr Mupeiwa said at the time the case was reported to the police, the arrears had already been settled. The Herald
