The High Court in Kakamega has overturned a lower court's decision, reinforcing the authority of the Office of the Director of Public Prosecutions (ODPP) regarding private prosecutions. This ruling negates a magistrate's decision that would have allowed a private prosecution against Sylvia Atamba following a case that had already been resolved through a Diversion agreement.

• The High Court allowed an appeal by both the ODPP and Sylvia Atamba, setting aside the magistrate's ruling in its entirety on December 1, 2025.
• The dispute began in August 2022 after Victorine Atamba reported receiving threatening messages, leading to a Diversion agreement formalized on February 22, 2024.
• The court affirmed that the Diversion agreement remained the lawful and final resolution, stating that allowing a private prosecution would lead to an abuse of court process and violate protections against double jeopardy.