The Supreme Court has rejected an appeal submitted by Ruth Kamande, a female who was found guilty of murdering her partner, regarding her ability to claim self-defense based on 'Battered Woman Syndrome'.
In its ruling, the Supreme Court stated that when a party intends to use the battered woman syndrome during the trial, it must be presented at the first available chance, just like any other defense.
The court ruled that the battered woman syndrome does not qualify as a standalone defense. Instead, it must be presented in support of or as an expansion of one of the established legal defenses: self-defense, provocation, or temporary insanity.
Nevertheless, the courts alone couldn't raise the battered woman syndrome to an independent defense, as doing so would be equivalent to taking over the legislative authority granted to Parliament within the constitutional framework.
Ruth Kamande Court Ruling
Moreover, the Court indicated that Kamande did not manage to prove the presence of battered woman syndrome or the degree to which it was relevant to the crime she committed.
Moreover, the court noted that throughout the mitigation process, Ruth never brought up her history of abuse at the hands of the victim.
As a result, this syndrome couldn't be included in her claims of self-defense and/or provocation, which were the defenses she presented during the trial.
The Supreme Court made its decision based on the account from the victim along with testimonies from witnesses, incorporating specialized insights provided by expert analysts, as well as through the judicial interpretation and enforcement of statutes and legal doctrines.
Also Read: Supreme Court Issues Ruling on Replacing Life Imprisonment with a 30-Year Sentence
Kamande’s Murder Case
Ruth Kamande is currently serving a life sentence for being convicted of stabbing her boyfriend, Farid Mohamed Halim, 25 times.
She got arrested, went to trial, and was eventually found guilty of the murder that took place on September 20, 2015, at Buruburu estate.
The High Court decision concluded that Kamande’s acts were deliberate with the aim of causing suffering and death.
Nevertheless, in her defense, she maintained that she acted out of self-defense; however, the court rejected this claim.
Also Read: Final Hours of Pregnant College Student Fatally stabbed by Her Partner
About Ruth Kamande
In 2016, Ruth won the title of Miss Lang'ata Women Prison. The previous year, she completed her Bachelor of Laws degree.
During the emotionally charged graduation event, she conveyed deep appreciation to the Kenya Prison Service along with the University of London, working alongside Justice Defenders, for providing prisoners with a chance to pursue education and alter their life trajectories.
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