PRESIDENT OF THE CONSTITUTIONAL COURT
JUDGEMENT OF HON. A.E.N MPAGI-BAHIGEINE, JA
I have read in draft the judgment of Twinomujuni, JA. I entirely agree with it especially the exhaustive way he has treated the
subject.
I would only add that since Parliament has already outlawed the practice of female genital mutilation in accordance with the
International Treaties, it is now incumbent upon the judiciary to play the very important role in completely eliminating any form of
violence against women including female genital mutilation.
The judiciary being part of the State machinery is enjoined to address this issue aggressively whenever it comes before court by
involving innovative and progressive interpretation of the laws. Failure to do so would be tantamount to a breach by the State of its
international obligations.
The Petition succeeds uncontested as indicated in the lead judgement.
Dated at Kampala this…28th..day of …July…2010.
A.E.N MPAGI-BAHIGEINE
JUSTICE OF APPEAL
JUDGMENT OF S.B.K.KAVUMA, JA
I have had the advantage of reading, in the draft, the judgment prepared by my brother A.Twinomujuni, JA.
I concur.
Dated at Kampala this ….28th…day of …July…2010
……………………
S.B.K.Kavuma
Justice of Appeal
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