RUTH KAMANDE: Why The Supreme Court Dismissed Killer Queen’s Appeal
On Friday, April 11, the Supreme Court of Kenya dismissed Ruth Kamande’s appeal, which sought recognition for women who act out of anguish after long-term abuse to be treated differently than usual offenders.
Kamande, who was found guilty of murder after stabbing her partner 25 times in 2015, appealed her conviction using ‘battered woman syndrome’.
The UNTOLD STORY of Ruth Kamande. Langata prison beauty queen sentenced to Death for stabbing her boyfriend to death 22 times.
— MZAE 🇰🇪 (@Carlpeterkimani) November 29, 2024
[Open Thread] 🧵 pic.twitter.com/mzw6AefmKM
The petition asked the Supreme Court to issue a landmark decision on whether women in abusive marriages who were accused of murdering their spouses might use the aforementioned principle to establish that homicide was their only way of escaping the violence.
However, the Martha Koome-led court ruled that the abused woman syndrome does not qualify as a stand-alone defence.
Koome maintains that it must be used in conjunction with or as an extension of one of the existing legal stand-alone defenses: self-defense, provocation, or temporary insanity.
Furthermore, the Court said that if a party wishes to rely on the battered woman syndrome at trial, it should do so as soon as possible, in the same way, that any other defence would be brought.
During her murder trial, Kamande claimed that she acted in self-defense after being attacked by Halim prior to picking up the knife.
She had explained that the reason for the attack was that on the morning of the incident, she had discovered in their bed a card with her boyfriend’s name on it and the words “Aids Control Program.”
A confrontation ensued, which resulted in a fight that led to the incident.
Her defence, spearheaded by former Attorney General Githu Muigai, stated that when a defence of self-defence is raised, especially in situations where the parties were in a relationship, as in Kamande’s case, it follows that the accused is supposed to be accorded a defence under the doctrine of battered woman syndrome and the test of loss of control.
Ruth Kamande’s fate is sealed. The 7 member bench of the Supreme Court has dismissed her appeal and defence of battered woman syndrome. She could always get a presidential pardon though, that’s her only way out now. pic.twitter.com/K41YARdts9
— 🇰🇪 James WaNjeri (@JamesKWaNjeri) April 11, 2025
However, the Court found that when the defence of self-defense is invoked in connection with battered woman syndrome, the burden of proof must be assessed in light of the legal requirements applicable to defences relied on by an accused person.
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Specifically, the defense must prove not just the existence of battered woman syndrome, but also its applicability to the offense in question.
The Court determined that because the question of battered woman syndrome was first brought during the certification of this case before the Court of the case, it had not been appropriately aired and addressed by the lower courts.
The latest Supreme Court verdict appears to have sealed Kamande’s fate, as he is currently serving a life term at the Kamiti Maximum Prison.
She was crowned Miss Langata Women’s Prison in 2016. She earned her Bachelor of Laws degree last year while serving her sentence.
RUTH KAMANDE: Why The Supreme Court Dismissed Killer Queen’s Appeal
