Former minister Professor Jonathan Moyo may have to flee
Kenya to avoid extradition to Zimbabwe on fraud and related charges involving
the alleged diversion of US$244 575 from the Zimbabwe Manpower Development Fund
(Zimdef).
He is believed to be living in Kenya with his wife,
Beatrice Ambiyo, who is of Kenyan origin.
Now, after waiting more than 30 months for the former
minister to return, Government is seeking the assistance of the Kenyan
authorities to bring Prof Moyo to court on the 14 counts of fraud, money
laundering, criminal abuse of office, and corruptly concealing personal
interest to a principal.
The Kenyans have been assured that Prof Moyo will face the
criminal corruption-related charges already listed should he return or be
returned to Zimbabwe.
He is accused of defrauding Zimdef of over US$244 575 and
misallocating other funds for purposes not covered by the Zimdef regulations.
He is jointly charged with four others — Godfrey Gandawa, Fredrick Mandizvidza,
Shepherd Honzeri and Nicholas Mapute.
This week the Prosecutor General’s office wrote to Kenya,
seeking mutual legal assistance to bring the former minister to face the
Zimbabwean courts
Chief Law officer Mr Chris Mutangadura processed the papers
based on a sworn affidavit by Acting Deputy Prosecutor-General Mr Nelson
Mutsonziwa.
The prosecution premised its request on the Extradition
(Designated Countries) Order of 1990 which designated Kenya as one of the
nations to which the Government can seek legal mutual assistance in extradition
cases.
According to the request, the Prosecutor-General has since
prepared indictment papers for the trial of Prof Moyo and his accomplices in
the High Court, but he is nowhere to be found.
“The matter requires urgent attention as the accused have a
constitutional right to be prosecuted within a reasonable time whilst State
witnesses who are available ought to testify before any supervening events
curtail their adduction of evidence,” said the formal request.
“I therefore humbly request the competent authorities of
the Republic of Kenya to treat this matter as urgent and give it priority that
the authorities’ circumstances permit,” reads the request.
“The accused will not be prosecuted for any offence other
than fraud, based only upon the facts stated in this request. This request is
not being pursued for political reasons or any ulterior purpose. The Republic
of Zimbabwe also undertakes to render assistance to the Republic of Kenya in
any criminal matter,” read the letter.
While Zimbabwe does not have an extradition agreement with
Kenya, the Minister of Home Affairs can designate any country listed in the
Extradition Order of 1990.
Prof Moyo was arrested by Zacc in 2017. He swiftly applied
to the Constitutional Court, arguing his rights had been violated, submitting
that Zacc had no arresting powers, and that police Sergeant Munyaradzi Chacha,
who was on secondment to Zacc, had no powers to arrest him by virtue of the
secondment.
The Constitutional Court ruled that the minister deserved
no preferential treatment and that he should, like anyone else, follow the
normal criminal procedure of arrest and appear before a magistrate.
It was found that he had jumped the gun by approaching the
Constitutional Court instead of challenging his arrest at the lower court; the
secondment of police officers to the Zacc did not strip them of their arresting
powers, the court ruled. Herald
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