5-year clock starts on judiciary Kuwaitization

KUWAIT CITY, Aug 27: Decree- Law No. 80/2026, issuing the Law Regulating the Judiciary, was published on Thursday in the supplement to the official gazette, “Kuwait Al-Youm.” The decree is accompanied by the Law Regulating the Judiciary, which sets out provisions governing the judiciary, the Public Prosecution, and the affairs of judges and members of the Public Prosecution, reports Al-Seyassah daily. The decree includes transitional provisions concerning judicial and Public Prosecution ranks and positions, the mechanism for appointing several senior judicial officials, and a timeframe for the gradual Kuwaitization of the judiciary and Public Prosecution within a maximum period of five years from the date the decree takes effect. The decree stipulates that Kuwaiti judges and members of the Public Prosecution appointed before its enactment shall remain in their positions until the end of their service. It also stipulates that existing judicial offices, departments, and bodies will continue to perform their current functions until they are reorganized in accordance with the provisions of the attached Law.

The following are the articles of the Decree-Law as published in the official gazette:

Article 1: The provisions of the attached Law Regulating the Judiciary shall be implemented.

Article 2: As of the date this Decree- Law takes effect, those holding the rank of Deputy Judge at the Court of Cassation and the Court of Appeals shall be transferred to the rank of Senior Counselor until the end of their service.

The First Counselors shall replace the Deputy Attorneys at the Courts of Cassation and Appeals in exercising all powers and jurisdictions stipulated under other laws and decrees. Those holding the rank of First Attorney General shall be promoted to the rank of Assistant Attorney General and shall exercise the powers and jurisdictions assigned to the First Attorney General wherever they are stipulated under other laws. They may also replace the First Attorney General on disciplinary boards, panels, and committees of which they are members.

Article 3: As of the effective date of this Decree-Law, the president of the Court of Cassation and his deputy, the president of the Court of Appeals, the attorney general, the deputy president of the Court of Appeals, and the president of the Court of First Instance shall be appointed by decree upon the recommendation and nomination of the Minister of Justice, after consulting the Supreme Judicial Council. Those holding the positions mentioned in the preceding paragraph who were appointed before the effective date of this Decree-Law shall continue to perform their duties until the appointment decree is issued.

Article 4: The president of the Court of Cassation shall receive the salary prescribed for a minister, along with all allowances, financial benefits, and other entitlements. If the law provides greater rights or benefits by virtue of his position, he shall receive whichever is more advantageous. The vice president of the Court of Cassation shall receive the salary and allowances prescribed for the president of the Court of Appeals. Advisors of the Court of Cassation shall receive the salary and allowances prescribed for advisors of the Court of Appeal.

Article 5: Without prejudice to the provisions of paragraph 2 of Article 20 of the accompanying Law, the Minister of Justice, in cooperation with the Supreme Judicial Council, shall gradually issue the necessary decisions to Kuwaitize the judiciary and the Public Prosecution within a maximum period of five years from the date this Decree-Law enters into force. Non-Kuwaiti judges and members of the Public Prosecution who are serving under contracts, whether on secondment or in a personal capacity, shall continue in their positions until the end of their secondment period or the maximum number of renewals permitted, provided that, in all cases, their service does not extend beyond the five years referred to in the first paragraph of this article.

Article 6: Notwithstanding the provisions of paragraphs 2 and 5 of Article 20 of the accompanying Law, Kuwaiti judges and members of the Public Prosecution appointed before the entry into force of this Decree-Law shall continue in their positions until the end of their service.

They may be transferred between the judiciary and the Public Prosecution. The provisions of the two paragraphs referred to in the preceding paragraph shall not apply to Kuwaitis appointed to the position of “Junior Legal Researcher,” which qualifies them for the position of Public Prosecutor, or to those who applied for such a position before the entry into force of this Decree-Law.

Article 7: The Technical Office of the Court of Cassation, the Technical Office of the Attorney General, the Public Prosecution Office of the Court of Cassation, the Judicial Inspection Departments for the work of judges and members of the Public Prosecution, and the Kuwait Institute for Judicial and Legal Studies, established before the entry into force of this Decree-Law, shall continue to perform their functions until they are reorganized in accordance with the provisions of the accompanying Law.

Article 8: Notwithstanding the provisions of Article 22 of the accompanying Law, a performance evaluation shall not be required for the promotion of advisors or those of equivalent rank within the Public Prosecution to the next grade, provided that they held that grade before the entry into force of this Decree-Law.

Article 9: The Department of Applications for judges and members of the Public Prosecution at the Court of Cassation shall continue to consider and adjudicate applications submitted to it before the effective date of this Decree-Law.

Article 10: Decree-Law No. 23/1990 referred to above is hereby repealed. Any provision that contradicts the provisions of this Decree-Law is also hereby repealed.

Article 11: The Prime Minister and the ministers, each within their respective jurisdiction, shall implement this Decree- Law. It shall be published in the official gazette and shall enter into force on the date of its publication.