The Court of Appeal has cleared the way for the Supreme Court of Kenya to hear the issue of prior domestic violence as a defence in Kenyan criminal law—the battered woman syndrome.

In a decision issued Friday, 6th October 2023, in Ruth Wanjiru Kamande v Republic, the Court of Appeal certified these two questions as sufficiently of general public importance to warrant a hearing by the apex court:

a) The applicability, standard of proof, burden of proof, and guiding principles of the doctrine of battered woman syndrome as a defence;

b) Applicable standard and burden of proof in a self-defence plea and the consequence once an accused provides evidence of their defence.

A case is considered of sufficiently of general public importance to warrant a Supreme Court hearing if it raises important issues that exceed the immediate interests of the parties before the court. In this case, the Court of Appeal found that issue of battered woman syndrome is unsettled in Kenya and should get the attention of Kenya’s highest court. The Court of Appeal agreed that Kamande’s application is sufficiently important considering the protection under the Protection Against Domestic Violence Act, 2015.

If the case succeeds, the Supreme Court could order that offenders whose defence indicates they victims of domestic violence could be entitled to a lower charge.

The background to this case is that in September 2015 Ruth Kamande (popularly Miss Langata) was charged with the murder of Farid Mohamed Halim at their rented home in Buruburu. She stabbed him 25 times. The High Court found her guilty and sentenced her to death.

The Court of Appeal affirmed. Kamande then requested the Court of Appeal to certify the battered woman syndrome as a matter of general public importance and thus allow her to appeal to the Supreme Court.

As a participant in the UN Global Compact, Bond Advocates LLP will follow the developments in this keenly because of the implications for victims of domestic violence.