)
)
The Supreme Court of Kenya has dismissed an appeal by Ruth Wanjiku Kamande, who was convicted and sentenced to death in 2018 for the murder of her boyfriend, Farid Mohamed Halim.
The judgment, delivered on April 11, 2025, brings an end to a years-long legal battle that has raised national conversation on battered woman syndrome and how it fits into the law.
Kamande was found guilty of murdering Halim at their residence in Buruburu Estate, Nairobi, in September 2015, by stabbing him 25 times during an altercation.
According to court findings, the stabbings were not committed in a frenzy but were deliberate and sustained, indicating a clear intent to cause death.
)
)
)
)
The High Court ruled that the killing was driven by malice and sentenced her to death.
She appealed the verdict, but the Court of Appeal upheld the High Court’s decision, ruling that the injuries inflicted on Halim proved beyond a reasonable doubt that Kamande intended to kill him.
Dissatisfied, she escalated the matter to the Supreme Court, arguing that her case raised issues of public importance that merited further legal scrutiny.
Kamande’s legal team argued that her actions should be viewed in light of battered woman syndrome.
Battered woman syndrome is a psychological condition that can develop in individuals who experience prolonged domestic abuse.
It was first described by psychologist Lenore E. Walker in the late 1970s and is often used in legal matters to explain why a person, usually a woman, may stay in an abusive relationship or use force in self-defense.
Kamande’s lawyers contended that this should have formed the basis for a defence of self-defence or provocation.
READ ALSO: How prison beauty queen Ruth Kamande graduated with law degree behind bars
Supreme Court Ruling
The Supreme Court, however, ruled that battered woman syndrome is not a standalone legal defence in Kenya.
Instead, it can only be considered as part of an established defence, such as self-defence, provocation, or temporary insanity.
The court added that recognising it as an independent defence would be a matter for Parliament, not the Judiciary.
)
Furthermore, the court stressed that such a defence must be raised at the earliest stage of the trial.
In Kamande’s case, no evidence was provided at trial to support claims of abuse or an abusive relationship with the deceased.
The judges held that it was improper for the court to infer such claims from facts not formally submitted during the trial.
The court also ruled that when self-defence is raised in connection with battered woman syndrome, the burden of proof lies with the defence.
It must establish not only the presence of the syndrome but also how it directly influenced the actions of the accused in that specific situation.
As a result, the Supreme Court dismissed the petition filed in November 2023.
The judges ruled that the matter did not merit further intervention and reaffirmed the lower courts' findings.
“There shall be no order as to costs,” the judgment read. However, the Kshs. 6,000 deposited by Kamande as security for costs will be refunded.