BUSIA, May 23, 2025 – In a scathing ruling, the High Court in Busia has quashed the 40-year sentence of James Omojong, branding his 2023 defilement trial a mistrial riddled with constitutional violations. Justice William Musyoka declared the proceedings “untidy, improper, and prejudicial,” ordering a fresh trial due to the trial court’s failure to uphold fair trial rights. “The record was kept in a very sketchy manner, too sketchy for a case where an accused person is sent to prison for forty years,” Musyoka stated, highlighting the shoddy documentation that undermined justice.
Omojong faced charges in Busia CMCSOC No. E042 of 2020 for defiling a 12-year-old girl in Katanyu village, Teso North Sub-County, on November 15, 2020, under Section 8(1)(2) of the Sexual Offences Act. After pleading not guilty on November 17, 2020, the case languished through 42 court mentions over two years without a trial, a delay Musyoka criticized as inexplicable. “It is not clear why no witnesses were presented between 17th November 2020 and 13th March 2023,” he noted, questioning the court’s accountability in a region with a light caseload.
On March 13 or April 5, 2023, Omojong reportedly pleaded guilty, leading to his conviction and sentencing by Chief Magistrate EA Nyaloti. Yet, Musyoka found the plea process flawed, as the original not guilty plea was never formally closed. “The appellant was ambushed with charges read afresh without preliminaries,” Musyoka said, casting doubt on whether the guilty plea was voluntary or unequivocal.
The court identified breaches of Article 50(2) of the Constitution, including the failure to inform Omojong of his right to legal representation, including state-funded counsel, and to confirm his understanding of court languages (English or Kiswahili), despite his claim of conversancy only in Teso. No pre-trial evidence, such as medical reports or a birth certificate, was disclosed, leaving Omojong uninformed. The 40-year sentence also overlooked Section 333(2) of the Criminal Procedure Code, ignoring his two years in remand. Musyoka ruled that the trial’s nullity necessitated a retrial before a different magistrate, emphasizing the case’s severity. Omojong will be released from prison to police custody for fresh arraignment, with the 2020 plea vacated.