The Supreme Court has dismissed an appeal filed by Ruth Kamande, a woman convicted for killing her boyfriend, on whether she can defend herself on the grounds of the ‘Battered Woman Syndrome’.
In its judgement, the Apex Court ruled that where a party seeks to rely on the battered woman syndrome during trial, it should be raised at the earliest opportunity, in the same manner as any other defense.
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The Court held that the battered woman syndrome has not attained the status of a stand-alone defence, and that it has to be raised in aid or as an extension of one of the existing legal stand-alone defences: self-defense, provocation or temporary insanity.
However, the courts could not singularly elevate the battered woman syndrome to a stand-alone defence of itself, as to do so would amount to usurpation of legislative mandate bestowed upon Parliament under the Constitutional architecture.
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Ruth Kamande Court Ruling
Further, the Court stated that Kamande had failed to establish not only the existence of battered woman syndrome but also the extent to which it applied to the offence she committed.
Additionally, the court observed that at no point during mitigation did Ruth mention being in an abusive relationship with the deceased.
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Consequently, this syndrome could not be considered as part of her claim of self defence and or provocation, which were the defences she raised at the trial.
The Supreme Court ruled on the basis of the testimony of victim and witnesses including the specialist analysis by expert witnesses, and the interpretation and application of laws and legal principles by the courts.
Also Read: Supreme Court Delivers Verdict on Substituting Life Sentence with 30-Year-Term
Kamande’s Murder Case
Ruth Kamande is serving a life sentence after she was found guilty of stabbing her boyfriend, Farid Mohamed Halim, 25 times.
She was arrested, tried, and later convicted for the murder, which occurred on September 20, 2015, at Buruburu estate.
In the High Court ruling, it was determined that Kamande’s actions were calculated in order to inflict pain and cause death.
However, in her defence, she argued that she acted in self-defence, but the argument was dismissed by the court.
Also Read: Last Moments of Expectant Student Stabbed to Death by Boyfriend
About Ruth Kamande
Ruth was crowned Miss Lang’ata Women Prison in 2016. Last year, she graduated with a Bachelor of Laws Degree.
In an emotional speech during the graduation ceremony, she expressed her heartfelt gratitude to the Kenya Prison Service and the University of London in collaboration with the Justice Defenders for giving inmates an opportunity to study and reshape their future.
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