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Appeal court upholds death sentence for Kenya prison beauty queen Ruth Kamande

&Tab;&Tab;<div class&equals;"wpcnt">&NewLine;&Tab;&Tab;&Tab;<div class&equals;"wpa">&NewLine;&Tab;&Tab;&Tab;&Tab;<span class&equals;"wpa-about">Advertisements<&sol;span>&NewLine;&Tab;&Tab;&Tab;&Tab;<div class&equals;"u top&lowbar;amp">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;<amp-ad width&equals;"300" height&equals;"265"&NewLine;&Tab;&Tab; type&equals;"pubmine"&NewLine;&Tab;&Tab; data-siteid&equals;"109460728"&NewLine;&Tab;&Tab; data-section&equals;"1">&NewLine;&Tab;&Tab;<&sol;amp-ad>&NewLine;&Tab;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;<&sol;div>&NewLine;<h1 class&equals;"has-text-color has-normal-font-size wp-block-heading" style&equals;"color&colon;&num;6a5355"><strong>Appeal court in Kenya upholds death sentence for Ruth Kamande’s death sentence <&sol;strong><&sol;h1>&NewLine;&NewLine;&NewLine;&NewLine;<h1 class&equals;"has-text-color has-normal-font-size wp-block-heading" style&equals;"color&colon;&num;6a5355"><strong>Her defense attorneys had urged the court to substitute the judgment of the High Court with a finding of manslaughter<&sol;strong><&sol;h1>&NewLine;&NewLine;&NewLine;&NewLine;<h1 class&equals;"has-text-color has-normal-font-size wp-block-heading" style&equals;"color&colon;&num;6a5355"><strong>The appellate court found the conviction of Kamande for murder was within the confines of the law&comma; and there was no reason to interfere with the death penalty <&sol;strong><&sol;h1>&NewLine;&NewLine;&NewLine;&NewLine;<h1 class&equals;"has-text-color has-normal-font-size wp-block-heading" style&equals;"color&colon;&num;6a5355"><strong>Kamande&comma; 26&comma; was sentenced to the death in 2016<&sol;strong><&sol;h1>&NewLine;&NewLine;&NewLine;&NewLine;<h1 class&equals;"has-text-color has-normal-font-size wp-block-heading" style&equals;"color&colon;&num;6a5355"><strong>She was convicted of murder after fatally stabbing her boyfriend Farid Mohamed Halim with a knife 22 times at Buruburu&comma; Nairobi in Sept 2015 <&sol;strong><&sol;h1>&NewLine;&NewLine;&NewLine;&NewLine;<h1 class&equals;"has-text-color has-normal-font-size wp-block-heading" style&equals;"color&colon;&num;6a5355"><strong>Kamande reportedly stabbed 22-year-old Halim following a row sparked by a revelation that he had been taking HIV suppressing drugs without her knowledge<&sol;strong><&sol;h1>&NewLine;&NewLine;&NewLine;&NewLine;<h1 class&equals;"has-text-color has-normal-font-size wp-block-heading" style&equals;"color&colon;&num;6a5355"><strong>Pleading for a more lenient sentence defense urged the court to substitute the judgment of the High Court with a finding of manslaughter <&sol;strong><&sol;h1>&NewLine;&NewLine;&NewLine;&NewLine;<h1 class&equals;"has-text-color has-normal-font-size wp-block-heading" style&equals;"color&colon;&num;6a5355"><strong>Kamande who has been incarcerated since 2015 was crowned the 2016 Lang’ata Women Prison beauty queen<&sol;strong><&sol;h1>&NewLine;&NewLine;&NewLine;&NewLine;<figure class&equals;"wp-block-image"><img src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2020&sol;11&sol;Ruth-Kamande-3&period;jpg" alt&equals;"This image has an empty alt attribute&semi; its file name is Ruth-Kamande-3&period;jpg"&sol;><figcaption><strong>Kenya Court of Appeal upheld the death sentence for Ruth Wanjiku Kamande which was<&sol;strong> <strong>passed in 2018 for the 2015 murder of her boyfriend<&sol;strong><&sol;figcaption><&sol;figure>&NewLine;&NewLine;&NewLine;&NewLine;<p>The Court of Appeal in Kenya has upheld the death sentence handed Ruth Wanjiku Kamande’s two years ago&period;<br>Kamande&comma; 26&comma; the former Miss Langata Women Prison beauty queen was convicted of murder for stabbing her boyfriend twenty-two times at his home in the Buruburu estate in September 2015&period;<br>Defense had submitted that Kamande stabbed Mohammed Halim following a row sparked by a revelation that he had been taking HIV suppressing drugs without her knowledge<br>&OpenCurlyDoubleQuote;Having carefully examined the evidence on record&comma; we find the conclusion that the appellant violently&comma; intentionally and unlawfully killed the deceased inescapable&period; On our own analysis&comma; we find no fault and agree entirely with the learned Judge’s finding&comma;” the Court of Appeal ruled&period;<br>The High Court presided by judge Jessie Lessit had found the appellant guilty of premeditated murder and sentenced her to death in 2017&period;<br>Kamande who has been incarcerated since 2015 was crowned the 2016 Lang’ata Women Prison beauty queen&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<figure class&equals;"wp-block-image size-large is-resized"><img src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2020&sol;11&sol;Ruth-Kamande-6&period;jpg" alt&equals;"" class&equals;"wp-image-358749" width&equals;"673" height&equals;"677"&sol;><figcaption><strong>Date with the hangman&period; The Court of Appeal dismissed Kamande&&num;8217&semi;s plea for leniency on the grounds of self&equals;defense<&sol;strong>&period;<strong> The killing was considered pre-meditated<&sol;strong><&sol;figcaption><&sol;figure>&NewLine;&NewLine;&NewLine;&NewLine;<p>Kamande appealed her murder on the grounds that the state had not proven the charge of murder&comma; therefore&comma; her conviction and sentencing for murder was not proper&period;<br>The defense led by former Attorney-General Githu Muigai&comma; had urged the court to substitute the judgment of the High Court with a finding of manslaughter&period;<br>Pleading self-defense&comma; the defense argued that Farid&&num;8217&semi;s death occurred during a confrontation between the two lovers&period;<br>Their client had been threatened and attacked and that she had defended herself from imminent death&period; She had also been hospitalized for days after the altercation as well<br>The trial court relied on illogical&comma; contradictory and inconsistent evidence to convict and sentence the appellant&period;<br>&OpenCurlyDoubleQuote;The appellant did not have malice aforethought as she did not take the weapon from the kitchen&period; She did not commence the attack and she had not shown any aggression towards the deceased prior to being threatened&comma;” The lead defense lawyer accused the trial court of bias against the appellant because of certain statements that were made by the presiding judge before reviewing the evidence&period;<br>He called for leniency leading that &OpenCurlyDoubleQuote;even if the conviction on the charge of murder was to stand&comma; sentencing ought to have been adjusted to reflect the mitigating circumstances&period;”<br>The appellate court found the conviction of Kamande for murder was within the confines of the law&comma; and there was no reason to interfere with the death penalty&period;<br>Upholding the decision of the lower court&comma; the appellate panel of justices Hannah Okwengu&comma; Mohammed Warsame and Jamilla Mohammed said the prosecution had met the burden of proving the charge of murder&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<figure class&equals;"wp-block-image size-large"><img src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2020&sol;11&sol;Ruth-Kamande-5&period;jpg" alt&equals;"" class&equals;"wp-image-358743"&sol;><figcaption><strong>Kamande was convicted of murder in 2016 after fatally stabbing her boyfriend Farid Mohamed Halim with a knife 25 times at Buruburu&comma; Nairobi in Sept&period; 2015<&sol;strong><&sol;figcaption><&sol;figure>&NewLine;&NewLine;&NewLine;&NewLine;<p>The killing happened in September&comma; 2015 following a quarrel over text messages seen on his cellphone that revealed his medical history&period;<br>According to court documents Kamande on September 20&comma; 2015&comma; stabbed 22-year-old Farid multiple times on the chest&comma; hands&comma; legs&comma; head&comma; abdomen&comma; back and shoulders&period; He died from his injuries&period;<br>&OpenCurlyDoubleQuote;Having carefully examined the evidence on record&comma; we find the conclusion that the appellant violently&comma; intentionally and unlawfully killed the deceased inescapable&comma;” ruled the judges&period;<br>The panel of appellate judges dismissed the self-defense argument as unbelievable&comma; given the cogent and compelling evidence of the prosecution witnesses&period;<br>The evidence tendered by the prosecution showed that the appellant clearly acted with &OpenCurlyDoubleQuote;malice aforethought&comma; &lbrack;considering&rsqb;&comma; the nature of the weapon used&comma; nature of injuries suffered by the deceased&comma; the conduct&comma; before&comma; during and after the incident&comma; and lastly the manner of use of the weapon&comma;” the judges said&period;<br>The decision of the Appeal Court is significant because Kenya has not carried out executions since 1987&period; In that time frame the government has in commuted death sentences of thousands of death-row inmates convicts to life in prison&period;<br><&sol;p>&NewLine;

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