REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
HC CRIMINAL REVISION NO. E025 OF 2025
IN THE MATTER OF AN APPLICATION FOR REVISION UNDER SECTIONS 362 AND 364 OF THE CRIMINAL PROCEDURE CODE CAP 75 LAWS OF KENYA
AND
IN THE MATTER OF THE CHIEF MAGISTRATE’S COURT AT WEBUYE IN CR. E402 OF 2025 ; REPUBLIC VERSUS JOSEPH EKARANT EMODE
BETWEEN
KENYA REVENUE AUTHORITY …….……..……….. APPLICANT
VERSUS
JACOB OOKO MBORA ………………………..….1 ST RESPONDENT
AND
JOSEPH EKARANT EMODO ………………………2 ND RESPONDENT
AND
OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTION ………………………………………………...…..INTERESTED PARTY.
RULING
1. The application before me is dated 28.9.2025. The applicant seeks the following orders: -
(1) Spent.
(2) Spent.
(3) That pending the hearing and determination of this application, this honourable court be pleased to grant an order for stay of execution of order dated 5 th September 2025 issued in Webeye Criminal Case No. E402 of 205. Republic –vs- Joseph Ekarant Emodo.
4. That pending the hearing and determination of this application, this Honourable court be pleased to grant an order for stay of execution of the order dated 4th September, 2025, in Webuye Criminal Case No. E402 of 2025; Republic versus Joseph Ekarant Emodo , for the disposal of a milk consignment.
(5) That this honourable court does urgently call for the record Webuye Criminal Case No. E402 of 2025; Republic –vs- Joseph Ekarant Emodo, for purposes of satisfying itself as to the correctness, legality, and propriety of the proceedings.
(6) That upon such examination, this Honourable court be pleased to review, revise, and/or set aside the orders dated 4 th and 5 th September 2025.
2 . The application is supported by 22 grounds on the face of the application and a supporting affidavit of CP Josephine Asmit.
3. That application was opposed.
4. I have considered the application, the affidavit in support of the application, the annexures, and the rival affidavits. There is no dispute that the matter before this court has not been fully heard and determined by the trial court. The appellant/applicant moved to this court having been aggrieved by the court’s interim ruling on the decision to detain the truck vehicle, which was alleged to contain ethanol, and which was thereafter detained for inspection, which was carried out.
5 . This court, having considered the initial arguments, was of the view that a stay of execution of the said order dated 5.9.2025 was necessary and accordingly granted it.
6 . Having considered the affidavits and the submissions, my view is that if I determine the issues raised, this court will be determining the issues before the trial court for hearing and determination. The matter is therefore referred back to the trial court for hearing and determination. The stay order issued by this court will remain in force pending the hearing and determination of the suit before the trial court.
6 .The lower court file shall be returned to the lower court forthwith. The trial court will prioritise the hearing of the suit.
7 . Costs shall be in the cause.
Dated, Signed, and Delivered at BUNGOMA this 24 th day of November 2025.
R.E. OUGO
JUDGE
In the presence of:
Mr. Maina -For the Applicant
Mr Wegesa- For the Respondent
Wilkister - C/A
HC.CR.REV.NO.E025 OF 2025HC.CR.REV.NO.E025 OF 2025HC.CR.REV.NO.E025 OF 2025HC.CR.REV.NO.E025 OF 2025 1111
IN THE HIGH COURT OF KENYA AT BUNGOMA
HC CRIMINAL REVISION NO. E025 OF 2025
IN THE MATTER OF AN APPLICATION FOR REVISION UNDER SECTIONS 362 AND 364 OF THE CRIMINAL PROCEDURE CODE CAP 75 LAWS OF KENYA
AND
IN THE MATTER OF THE CHIEF MAGISTRATE’S COURT AT WEBUYE IN CR. E402 OF 2025 ; REPUBLIC VERSUS JOSEPH EKARANT EMODE
BETWEEN
KENYA REVENUE AUTHORITY …….……..……….. APPLICANT
VERSUS
JACOB OOKO MBORA ………………………..….1 ST RESPONDENT
AND
JOSEPH EKARANT EMODO ………………………2 ND RESPONDENT
AND
OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTION ………………………………………………...…..INTERESTED PARTY.
RULING
1. The application before me is dated 28.9.2025. The applicant seeks the following orders: -
(1) Spent.
(2) Spent.
(3) That pending the hearing and determination of this application, this honourable court be pleased to grant an order for stay of execution of order dated 5 th September 2025 issued in Webeye Criminal Case No. E402 of 205. Republic –vs- Joseph Ekarant Emodo.
4. That pending the hearing and determination of this application, this Honourable court be pleased to grant an order for stay of execution of the order dated 4th September, 2025, in Webuye Criminal Case No. E402 of 2025; Republic versus Joseph Ekarant Emodo , for the disposal of a milk consignment.
(5) That this honourable court does urgently call for the record Webuye Criminal Case No. E402 of 2025; Republic –vs- Joseph Ekarant Emodo, for purposes of satisfying itself as to the correctness, legality, and propriety of the proceedings.
(6) That upon such examination, this Honourable court be pleased to review, revise, and/or set aside the orders dated 4 th and 5 th September 2025.
2 . The application is supported by 22 grounds on the face of the application and a supporting affidavit of CP Josephine Asmit.
3. That application was opposed.
4. I have considered the application, the affidavit in support of the application, the annexures, and the rival affidavits. There is no dispute that the matter before this court has not been fully heard and determined by the trial court. The appellant/applicant moved to this court having been aggrieved by the court’s interim ruling on the decision to detain the truck vehicle, which was alleged to contain ethanol, and which was thereafter detained for inspection, which was carried out.
5 . This court, having considered the initial arguments, was of the view that a stay of execution of the said order dated 5.9.2025 was necessary and accordingly granted it.
6 . Having considered the affidavits and the submissions, my view is that if I determine the issues raised, this court will be determining the issues before the trial court for hearing and determination. The matter is therefore referred back to the trial court for hearing and determination. The stay order issued by this court will remain in force pending the hearing and determination of the suit before the trial court.
6 .The lower court file shall be returned to the lower court forthwith. The trial court will prioritise the hearing of the suit.
7 . Costs shall be in the cause.
Dated, Signed, and Delivered at BUNGOMA this 24 th day of November 2025.
R.E. OUGO
JUDGE
In the presence of:
Mr. Maina -For the Applicant
Mr Wegesa- For the Respondent
Wilkister - C/A
HC.CR.REV.NO.E025 OF 2025HC.CR.REV.NO.E025 OF 2025HC.CR.REV.NO.E025 OF 2025HC.CR.REV.NO.E025 OF 2025 1111