The Supreme Court has dismissed an appeal by former Miss Lang’ata Women’s Prison, Ruth Kamande, effectively upholding her life sentence for the 2015 murder of her boyfriend, Farid Mohammed Halim.
Kamande was convicted of fatally stabbing Halim 25 times.
In her appeal, she sought to introduce the concept of battered woman syndrome as a defence, arguing that her case raised issues of general public importance.
However, the Supreme Court ruled that the defence was neither raised during the initial trial at the High Court nor during her appeal, despite the doctrine being recognized in legal systems since the 1970s.
“It is not lost on this Court that at no point in her defence did the applicant raise the defence of battered woman syndrome, either implicitly or explicitly,” the judgment read.
The court noted that the issue was introduced for the first time during an application for certification before the Court of Appeal, raising concerns about whether it was properly presented or considered in the lower courts.
Additionally, the judges observed that Kamande’s own testimony depicted her relationship with Halim as a typical romantic relationship, with no clear evidence of abuse or toxicity that would support a battered woman defence.
She had moved to the Supreme Court after the Court of Appeal upheld her life sentence in 2020.
With this ruling, Kamande will continue to serve her life sentence, bringing an end to her bid for a reduced term or retrial.