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December 10, 2025
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High Court Overturns Private Prosecution Judgement, Protecting Accused from 'Oppressive' Double Jeopardy

High Court Overturns Private Prosecution Judgement, Protecting Accused from 'Oppressive' Double Jeopardy

Ms Atemba later moved to the magistrate’s court, claiming she was not properly consulted during the diversion process, saying she was only asked to sign the final agreement without explanation...

✨ Key Highlights

The High Court in Kakamega has overturned a private prosecution ruling, safeguarding an accused individual from potential double jeopardy and affirming the ODPP’s authority in diversion agreements. The decision set aside a magistrate’s order that permitted a complainant to pursue private prosecution after a police report of threatening text messages.

  • The High Court ruled on December 1, 2025, that private prosecution after a lawful diversion would be "oppressive and an abuse of court process."
  • The key organization involved is the Office of the Director of Public Prosecutions (ODPP) and the individuals are Victorine Atemba (complainant) and Sylvia Atamba (accused).
  • The case originated from alleged threatening texts reported in August 2022, leading to an ODPP diversion agreement on February 22, 2024, due to the domestic nature of the dispute.

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