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Regardless of how heinous, an accused must be informed of his rights in court. A repeat violent robber used this technical failure to avoid two death sentences in the last 15 years and is now back in society.
Benson Ojoo was released on technical grounds by the High Court in Bungoma last Wednesday, just as he was by the High Court in Busia in 2011.
On January 25, 2012, Justice Rose Ougo released him again, saying the lower court violated his fundamental right to a fair trial by imposing the maximum sentence appropriate for the capital offence he committed.
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