Tag: Ruth Kamande

  • Supreme Court Upholds Ruth ‘Miss Langata’ Kamande’s Life Sentence, Rejects ‘Battered Woman Syndrome’ Defence

    Supreme Court Upholds Ruth ‘Miss Langata’ Kamande’s Life Sentence, Rejects ‘Battered Woman Syndrome’ Defence

    The Supreme Court of Kenya has dismissed Ruth Wanjiku Kamande’s appeal to overturn her conviction for the 2015 murder of her boyfriend, Farid Mohammed Halim, affirming her life imprisonment sentence. The landmark ruling, delivered on April 11, 2025, under Petition No. E032 of 2023, addressed critical legal questions surrounding self-defense, gender-based violence, and the constitutionality of mandatory life sentences for murder in Kenya.

    Kamande, famously known as Miss Lang’ata Women’s Prison after winning a prison beauty pageant in 2016 while awaiting trial, was convicted in 2018 for stabbing Mohammed 25 times at his Nairobi home in September 2015. Initially sentenced to death, her sentence was commuted to life imprisonment by President William Ruto in 2023 as part of a broader commutation of death penalties in Kenya.

    Kamande’s appeal, represented by Senior Counsel Prof Githu Muigai, sought to overturn her conviction on the grounds that her actions constituted self-defense amid an abusive relationship. She argued that the psychological impact of prolonged abuse, specifically “battered woman syndrome,” should be considered under the Protection Against Domestic Violence Act. Additionally, her legal team contended that the mandatory life sentence for murder violated judicial discretion, potentially leading to unfair outcomes.

    The Supreme Court, comprising Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and Justices Mohamed Ibrahim, Smokin Wanjala, and Njoki Ndung’u, rejected these arguments. The court ruled that the excessive nature of the attack—25 stab wounds—did not align with a proportionate response to an immediate threat. Post-mortem evidence contradicted Kamande’s claim that Mohammed had pinned her down during a struggle, suggesting instead a sustained and deliberate assault. “The defense of self-defense must be proportionate to the threat faced,” the court stated in its media summary, noting that Kamande’s claims of abuse lacked evidence of imminent danger at the time of the killing.

    The court further dismissed the applicability of battered woman syndrome, emphasizing that the concept was not raised during the trial at the High Court or in the Court of Appeal. The bench noted that Kamande’s unsworn statement at trial, which could not be tested through cross-examination, described a typical romantic relationship rather than one marked by sustained abuse. The prosecution, represented by Ms. Fredah Mwanza and Ms. Magdalene Ngalyuka, argued that Kamande failed to meet the legal threshold for self-defense, which requires proof of an imminent threat and reasonable force on a balance of probabilities.

    On the issue of sentencing, the Supreme Court upheld the constitutionality of mandatory life imprisonment for murder under Kenyan law. Rejecting claims that such sentencing limits judicial discretion, the court affirmed that it aligns with Kenya’s legal framework and ensures consistency in addressing grave offenses. This decision reinforces Kenya’s stance on severe crimes amid ongoing debates about sentencing flexibility.

    The ruling situates Kamande’s case within Kenya’s evolving legal landscape on capital punishment. In 2017, the Supreme Court declared the mandatory death penalty unconstitutional, leading to mass commutations, including Kamande’s. Previous commutations by Presidents Mwai Kibaki in 2009 and Uhuru Kenyatta in 2016 further reflect Kenya’s shift away from the death penalty, though it remains in law, with life imprisonment now a common sentence for murder convictions.

    Kamande’s case has reignited public debate about gender-based violence and the legal system’s handling of self-defense claims. Her story, amplified by her participation in a prison beauty pageant, has drawn significant attention, creating a complex public image. Mohammed’s family, who described the crime as heinous at the time of the original 2018 sentencing, welcomed the Supreme Court’s decision. “We’re glad justice has been upheld,” said Emmah Wanjiku, Mohammed’s aunt, echoing sentiments expressed after the initial verdict.

    Legal experts view the ruling as a significant precedent, balancing the need for clear evidence in self-defense claims with the judiciary’s commitment to addressing gender-based violence. The decision underscores the importance of proportionality in such cases and reaffirms mandatory sentencing for murder, ensuring consistency while prompting continued discussion about judicial discretion and the psychological impacts of abuse in Kenyan law.

    [pdf-embedder url=”https://cms.kenyainsights.com/wp-content/uploads/2025/04/Judgment-SC-Petition-No.-E032-of-2023-Ruth-Wanjiku-Kamande-Vs-Republic.pdf” title=”Judgment-SC Petition No. E032 of 2023 Ruth Wanjiku Kamande Vs Republic”]

  • Boyfriend Killer Ruth Kamande Graduates With Law Degree From A UK University

    Boyfriend Killer Ruth Kamande Graduates With Law Degree From A UK University

    From serving time behind bars to eventually being on the trajectory of being admitted and serving at the bar, the lives of 17 prisoners who graduated at Kamiti Maximum Prison on Tuesday with Law degrees from the prestigious University of London, will never be the same again.

    Their hard work, commitment and the resolve to not give up paid off as they were each conferred the powers to practice law after completing their class work. Of the 17 inmates, six have already completed serving their prison terms.

    The cheerful banter, laughter, jokes and camaraderie between the graduates and their prison warders, friends and family who visited them was a clear testament that the feat they achieved is no light thing. Other than the inmates, 12 other prison officers also graduated with the same undergraduate degree.

    One could feel the joy right at the start of the graduation ceremony that was attended by the Principal Secretary, of Correctional Services, Dr Salome Beacco, her Parliamentary Services counterpart, Dr Aurelia Rono, Dean, Undergraduate Law, University of London, Patricia McKellar as well as the founder and CEO, Justice Defenders, Alexander McLean.

    Through Justice Defenders, a group of inmates were vetted and given sponsorships to study law at the University of London virtually.

    Degree certificates

    Among those granted their degree certificates on Tuesday was Ruth Kamande who was sentenced to life imprisonment at Lang’ata Women Prison in 2015 after a fight with her lover turned tragic, resulting in her incarceration.

    Law students during a graduation ceremony at Kamiti Maximum Prison on November 26, 2024, where they received their law degrees from the University of London.

    While speaking on behalf of the graduating class, she used the opportunity to share how she used to admire a female advocate who was featured in a court documentary that she watched as a young girl.

    Deep down, she knew she would at some point be a lawyer but “as life happens, I did not know I would be a lawyer under very different circumstances”, she said.

    “When I was incarcerated, I was heartbroken. It was my first interaction with prison. I had never seen or set my eyes on the Kenyan constitution. We were asked if we would love to know more about our law, so we went for vetting by Justice Defenders and qualified to study law,” she said.

    This graduation, she said, gives her and the rest a chance to rewrite their story- a story of hope, one of people broken to the core but like phoenix birds, rose and are now celebrating their graduation from the University of London.

    Ms. Kama de crowned as a prison beauty queen.

    Just like Ms Kamande, Joseph Lodiaka, 32, underwent rigorous classes while serving his 20-year sentence for defilement at Kamiti Maximum Prison. This sentencing saw him cut short his studies at Maasai Mara University where he was a second-year student pursuing a degree in Tourism Management. He has already served ten years and has three more to go.

    What motivated him to apply for the scholarship to study law was the sad situation of people being locked behind bars due to ignorance. Many of such people, often illiterate, did not even demand legal representation resulting in their being convicted and handed harsh sentences due to lack of legal advice- and this is something he wants to change.

    Law degree

    “I am done with my Law degree. I went back to Maasai Mara University and enrolled for a Masters degree in Public Policy Administration. I want to advocate for the implementation of policies that will improve the welfare of prisoners. The laws governing issues of prisoners in Kenya are outdated and should be amended to align with the Human Rights Charter of 1978,” he said.

    Completing the law degree was not an easy task, he admitted. It has taken him nine years- beginning in 2015 when he joined the paralegal training programme under Justice Defenders and later on studied law.

    Trained as a paralegal in 2017 and later on to complete her law degree, Priscilla Cherono, an inmate serving time at Lang’ata Women Prison could not hide her tears of joy as she received her degree certificate.

    Before earning her degree, the now outspoken lawyer was very introverted and shunned speaking in public spaces, but now, she is on the frontline helping her fellow inmates access justice.

    “I envisage myself coming back to help inmates once I finish serving my time. This degree has transformed me academically and socially. I now find joy in serving people who need legal assistance and to promote the use of alternative dispute resolution to avoid unnecessary spending of time in prison,” she said.

    Speaking during the graduation ceremony, PS Beacco commended the graduating class, noting that even with freedom, completing a university degree is no mean feat.

    Above all things, the PS urged the fresh lawyers to be role models and be custodians of the rule of law who will stop at nothing to ensure justice prevails and added that the government will assist them in their future academic endeavours should one want to continue studying while still serving their time.

    “Everyone will look up to you not only as learned but also as upstanding members of the society. Ensure you use your knowledge to fight for the marginalised and most vulnerable members in your spheres,” she said.

    Commissioner General, Prisons Service, Patrick Aranduh said that the graduates have reformed and are ready to go back to society and called on Kenyans to open their arms and receive them freely when the time for their departure from prison comes.

    “Show them love and accept them. As the Prison Service, we never gave up on them because we, the prison officers, are their caregivers. These people here are unique and have set a precedent for inmates in Kamiti and deserve all the good things coming to their lives,” he said.

    On her part, Ms McKellar said that of all the graduations she has attended across the world, this particular one at the country’s biggest maximum prison touched her heart more than any other.

    “You have, over the years, had to demonstrate determination, commitment and resilience and now, with this degree, you have become problem-solvers. Now take a bolder role as defenders of justice for prisoners and continue being passionate, confident and optimistic as you have always been,” she said.

    For Mr McLean, the best gift the graduates can offer people in conflict with the law is showing love, affection and care just as they have been shown by Justice Defenders who gave them a second chance at education and life.

    “We are a community of prisoners, ex-prisoners and prison officers, some of us here for serious crimes and some are here innocently. We are unlikely allies, some poor in spirit, some just poor but we are united by our desire to ensure that everyone tells their side of the story before being sentenced in court,” he said.

    Justice Defenders’ Board Chairperson, Prof Luis Franceschi admitted that in his role as the Assistant Secretary General of the Commonwealth, he is yet to find an initiative as inspiring as that of training inmates to be lawyers in the entire realm that has 56 member states.

    “This is changing the future of very many people in the Commonwealth. Dear graduates, never think of yourself as lesser. You are a testament to the fact that one’s body can be in prison but the mind is still free,” he said.

    At the end of the fanfare, photos followed and then the cake was cut to symbolise the sweet fruits of hard work. All this happened as the Kamiti Industries Power Gospel Singers played tuneful rhumba music and only paused when the Lang’ata Women Prison dancing crew relieved them with their erudite display of the latest dance moves in the music world. It was a beautiful day which showcased that at times, even the impossible, is possible.