The Supreme Court of Kenya has dismissed Ruth Kamande’s petition, rejecting her attempt to have her conviction for the 2015 murder of her boyfriend, Farid Mohamed Halim, reconsidered under the “battered woman syndrome” defence.
Kamande, who was convicted of stabbing Halim 25 times, sought to have the principle of battered woman syndrome recognised as a standalone defence for women who kill in abusive relationships.
During her trial, Kamande had argued that she acted in self-defence after an argument with Halim escalated.
She claimed that she discovered a card with her boyfriend’s name on it linked to the “Aids Control Program,” which led to a confrontation that triggered the fatal incident.
However, the Supreme Court ruled that battered woman syndrome must be raised as an extension of existing legal defences, such as self-defence or provocation, rather than being a standalone defence.
The Court also emphasised that the syndrome should be raised at the earliest opportunity during the trial, something that Kamande had failed to do.
The issue of battered woman syndrome had not been raised in the lower courts, and the Court determined that it could not be introduced at the appellate stage.
Kamande, who filed the petition after the Court of Appeal dismissed her earlier appeal, now faces a life in prison.
Despite her conviction, Kamande’s case has drawn attention to the need for clearer legal frameworks regarding battered women who kill in self-defence, with the Supreme Court leaving the matter for future determination in appropriate cases.
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