The Court of Appeal has allowed former Miss Lang'ata Women Prison Ruth Kamande to pursue a second appeal at the Supreme Court stating that the top court should address the plight of battered women and the applicable legal principles in self-defence.
Life sentence
Kamande, who is serving a life sentence for stabbing her boyfriend Farid Mohamed Halim 25 times leading to his death in 2015, previously argued that she acted in self-defence but her argument was rejected.
A post-mortem produced in court showed that Mr Halim was stabbed in the chest, hands, legs, head, abdomen, back, and shoulders. Witnesses who testified said the boyfriend was holding his abdomen as he called for help.
The woman was arrested, tried, and convicted for the murder, which occurred on September 20, 2015, at Buruburu estate, and sentenced to death.
She was among death-row convicts whose sentences were commuted to life imprisonment by President William Ruto in July 2023.
Through senior counsel Prof Githu Muigai, Kamande said her appeal raises questions of general public importance to the extent that when a defence of self-defence is raised and especially when in situations where the parties were in a relationship.
She argues that she was to be accorded a defence under the doctrine of battered women syndrome and the test of loss of control.
"We have looked at the issues that have been raised by the applicant and note that the issue surrounding battered women syndrome is ideally raw in the country and has had not so many decisions on the same. We feel the same be given a window for interrogation by the Supreme Court," justices Asike-Makhandia, Agnes Murgor and Sankale ole Kantai ruled.
The appellate court ruled that the apex court should address the plight of battered women and the applicable legal principles in self-defence.
Prof Muigai submitted that the defence of provocation, self-control as conceptualised and enacted in law ideally proceeds from the old traditional stereotypical understanding of human psychology that anger is instantaneous from a significant event that precipitates loss of self-control for the person.
And as such the offence of murder is placed distinctly from past abuse. He further submitted that there have been increased cases of domestic violence.
"Thus, the appeal will address the rights of victims of domestic violence, the proper and applicable legal principles in a self-defence plea, and the appropriate test for provocation raised in a battered women syndrome defence," he said.
Prof Muigai added that the question of law raised by Kamande on the applicability of the battered women syndrome and the extent of its applicability, in light of the Protection Against Domestic Violence Act, are issues that are destined to continually engage the courts.
Neighbours who responded to Halim's screams on the fateful morning said the house was locked from the inside and he was holding his abdomen as he called for help.
After failing to access the house, they called the police who broke into the house but Halim was already dead.
In November 2020, the Court of Appeal dismissed her appeal noting that the trial court properly considered the law and evidence and rightly rejected Kamande's plea of self-defence.
In the latest decision, the court said the two issues raised by Prof Muigai transcend the circumstances of the particular case and will have a significant bearing on the public interest to protect and advance the rights of domestic violence victims in line with the provisions of the Protection Against Domestic Violence Act.
"Thus, the appeal will address the rights of victims of domestic violence, the proper and applicable legal principles in a self-defence plea, and the appropriate test for provocation raised in a battered women syndrome defence," the court said.
