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Publication Date

11-2023

Abstract

This case calls upon judges to move beyond a rigid application and recognition of gender based violence (GBV) laws thoughtfully to cases involving domestic violence, to protect women and girls. In this pivotal Judgement, the Court of Appeal missed a crucial chance to fulfill its duty to construe the law with an acute awareness of gender issues and the prevalent problem of Gender-Based Violence (GBV). Acknowledging such issues in legal decisions is vital as it embeds gender sensitivity into the consciousness of both the legal framework and society at large, as seen through the judiciary’s lens. This acknowledgment is instrumental in driving legal and societal reform. As the ultimate adjudicators in GBV matters, courts must strive to communicate an unequivocal message that combats, condemns and seeks to prevent GBV against women and girls to foster a safer society for all and to deter potential offenders against gender violence.

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