In Petition (Application) No. E032 of 2023 at the Supreme Court, Ruth Kamande sought to introduce additional evidence—specifically, an expert medical report on Battered Woman Syndrome (BWS) prepared by Dr. Frank Njenga.
This report was meant to substantiate Kamande’s defense of self-defense by explaining the psychological impact of intimate partner violence, arguing that her actions could be seen within the context of BWS, Post-Traumatic Stress Disorder (PTSD), and Premenstrual Dysphoric Disorder (PMDD).
Kamande contended that recognizing BWS in criminal law would address gaps in justice for victims of domestic violence who react defensively against their abusers.
The case will be heard again on a later date.
The Supreme Court had earlier declined Kamande’s application to introduce this evidence, citing several reasons:
1. Relevance and Timing: The Court noted that the medical report did not include a psychological evaluation conducted at the time of the offense but was based on general scientific literature. As a result, it lacked direct relevance to the events of the crime, which happened years prior.
2. Availability of Evidence: The Court pointed out that BWS as a defense could have been raised during the trial or at the Court of Appeal, given its common law foundations. The applicant’s failure to present this defense earlier meant the current attempt was more likely to alter or supplement her case.
3. Nature of Appeal: Given that this was a second appeal certified as addressing a matter of general public importance, the Court emphasized that the focus should be on legal principles rather than revisiting factual findings.
In its ruling, the Court affirmed that the request did not meet the threshold for additional evidence as outlined in Mohamed Abdi Mahamud v. Ahmed Abdi Abdullahi Mohamad & 3 Others [2018], which requires evidence to be directly relevant, capable of impacting the verdict, and previously unavailable with reasonable diligence.
Ruth Kamande, who is Miss Langata Women Prison 2016, was convicted of murder for stabbing her boyfriend at least 22 times at Buruburu estate on September 20, 2015.
Post-mortem showed had been stabbed 25 times in the hands, legs, back, abdomen and shoulders.
According to submissions made in court, Kamande stabbed her 22-year-old boyfriend Farid Mohammed multiple times following a domestic dispute sparked by a revelation that he had been taking HIV suppressing drugs without her knowledge.
Kamande said Mohammed had threatened her when she confronted him.
High Court judge Jessie Lessit had found Kamande guilty of the offence an sentenced her to death in 2017.
Kamande later appealed the sentence at the Courts of Appeal.
In her defence, Kamande faulted the prosecution for relying heavily on the testimony of two witnesses whose evidence he said was contradictory and inconsistent.
Among other concerns raised by the appellant was that the events unfolded in
the manner assumed by the trial court and the appellant was truly of bad intent and that the trial court had exhibited bias against the appellant.
Her lawyers submitted that the sentence imposed was unduly harsh and failed to appreciate that she was 22 years old, a first time offender and that she had been willing to plead guilty to a charge of manslaughter before the plea bargaining process had been aborted by the prosecution.
At the Court of Appeal, one of the issues was the whether the test of self defence should be different for those women who have undergone Domestic Violence severally before.
Kamande’s lawyers argued that the question of the Battered Women Syndrome was raw in the country and had not been interrogated and settled, the rights of victims of domestic violence, the proper and applicable legal principles in a self defense plea and appropriate test for provocation raised a defence.
The Court of Appeal however dismissed the appeal and upheld the conviction and the death sentence.
Justices Asike, Kantai & Murgor allowed Kamande to appeal her case to the Supreme Court.
The prison beauty queen is being represented by Prof Githu Muigai at the Supreme Court.
Related: LGBTQ Society Disappointed With Prison Sentence Handed To Sheila Lumumba’s Killer
