Supreme Court dismisses Ruth Kamande’s murder conviction appeal

The Supreme Court has dismissed an appeal filed by Ruth Wanjiku Kamande, popularly known as Miss Lang’ata, who was convicted in 2015 for the murder of her boyfriend, Farid Mohamed Halim.

Kamande moved to the Supreme Court after the Appellate court dismissal of her appeal, where she urged it to consider the applicability of the doctrine of Battered Woman Syndrome as part of her defence of self-defence.

Battered woman syndrome (BWS) is a pattern of signs and symptoms displayed by a woman who has suffered persistent intimate partner violence—psychological, physical, or sexual—from her partner.

However, the Supreme Court dismissed the appeal because the issue of Battered Woman Syndrome had not been raised during the trial at the High Court or in the Court of Appeal.

The Court held that legal issues not previously addressed in lower courts cannot be introduced at its level.

Kamande’s appeal was based on claims that the Court of Appeal judges failed to consider and apply the aforesaid doctrine when evaluating whether her actions could be reconciled with self-defence.

She also argued that both the High Court and the Court of Appeal failed to fully assess the defence of self-defence she had advanced.

She claimed that the prosecution had not conclusively rebutted the elements of that defence, which she argued should have led to a reduced charge of manslaughter.

In response, the Office of the Director of Public Prosecutions (ODPP) submitted a replying affidavit arguing that the appeal lacked merit.

The DPP noted that the grounds raised had not been introduced in earlier proceedings.

Specifically, there had been no mention of Battered Woman Syndrome, nor was there any medical evidence submitted at trial to indicate that Kamande had experienced prolonged intimate partner violence.

Further, the DPP pointed out that Kamande chose to give an unsworn statement, which meant her claims could not be tested through cross-examination.

The prosecution further argued that while the doctrine of Battered Woman Syndrome could, in some cases, inform a defence of insanity or self-defence, the accused bears the burden of proving such a defence on a balance of probabilities.

They added that self-defence requires the accused to show that they perceived an imminent threat and used reasonable force in response, thresholds that the appellant failed to meet.

In its determination, the Supreme Court found the appellant’s claims contradictory.

It held that Kamande's evidence depicted a typical romantic relationship rather than one characterized by long-standing abuse.

The Court noted that there was no history of sustained or severe violence brought forth/

Kamande, who was crowned Miss Lang’ata Women's Prison in 2016, will continue to serve a life sentence.