Judicial climb gets shorter under new Kuwait decree

KUWAIT CITY, Aug 30: Decree- Law No. 136/2026 was issued, replacing the table attached to Decree No. 126/2018 concerning the minimum periods required for judges and members of the Public Prosecution to remain in their respective ranks. The decree was published in the Sunday edition of the official gazette, “Kuwait Al-Youm.” Article 1 of the decree stipulates the replacement of the table of minimum service periods required for judges and public prosecutors, attached to the new decree, with the table attached to Decree No. 126/2018, without prejudice to the salaries, allowances, and bonuses allocated for each grade.

The attached table specifies a minimum service period of three years for the following: Advisor at the Court of Appeals, Attorney General, Deputy Prosecutor at the Court of First Instance (Head of Prosecution A), First-Grade Judge (Head of Prosecution B), Second-Grade Judge (Deputy Prosecutor A), and Third-Grade Judge (Deputy Prosecutor B). The table specifies a minimum service period of four years for Deputy Prosecutor C.

The decree takes effect from the date of its publication in the official gazette. Meanwhile, Minister of Justice Nasser Al-Sumait stated that the issuance of the decree on reducing the minimum service periods required for judges and public prosecutors is one of the first executive steps accompanying the enforcement of the Judicial Organization Law. In a press statement on Sunday, Al-Sumait pointed out that the implementation of the law marks a new phase, shifting efforts from legislation to execution.

He emphasized that the success of reform is not measured by the number of legal provisions changed, but rather by the impact on the public, such as reduced litigation time, more stable legal principles, fewer conflicting rulings, improved performance efficiency, enhanced oversight and accountability, and more efficient and expeditious delivery of rights to the rightful beneficiaries. He explained that the law is part of the comprehensive reform process outlined in the directives of His Highness the Amir Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, as well as his special attention for developing the justice system, addressing shortcomings, preparing national personnel, accelerating the Kuwaitization of the judiciary and support staff, and maintaining the stability of rulings and the administration of justice.

He said the decree stipulates a three-year term for most judicial ranks and a four-year term for the rank of Deputy Public Prosecutor C, thus, shortening the timeframe for promoting qualified Kuwaiti nationals to senior judicial positions. He indicated that this is in accordance with the directive to expedite the full Kuwaitization of the judiciary and the Public Prosecution, without compromising seniority, eligibility, competence, inspection reports or the legal regulations governing promotion. He clarified that the implementation of the law necessitates the restructuring of the Supreme Judicial Council according to the new regulations for senior judicial positions and their term limits. He said this reinforces the principle of orderly rotation and provides opportunities for qualified citizens to manage the judicial system.

He added those currently holding these positions will continue in their respective roles until the issuance of the appointment decrees. He pointed out that the explanatory memorandum expounded on the philosophy behind this reorganization, stipulating that “occupying these positions is an assignment dictated by the needs of the institution, not a personal entitlement or a permanent right to remain in them.” He added that those whose terms have ended will return to their judicial duties according to their rank and seniority, given that adjudicating disputes is the core function of a judge, while administrative positions are just a temporary phase in their career. He asserted that the reorganization extends to several leadership positions within the Public Prosecution, specifically the position of Attorney General and a number of senior prosecution leaders, in accordance with the conditions and regulations stipulated by the law.

He stressed that the application of these provisions will entail the reorganization of some positions, and those whose terms have ended will return to judicial work according to their rank and seniority. He affirmed that the next phase will witness institutional cooperation with the Supreme Judicial Council, each within its respective jurisdiction, to translate legislative reforms into practical implementation within the courts and the Public Prosecution, thereby, improving the quality of justice, expediting procedures, and ensuring the stability of judgments. He said “the law has been issued and enforced, but the real work begins now. Our goal is not simply for people to feel that a new law was issued, but for them to feel that justice has become more efficient and stable, and that their rights will reach them more quickly. This is the metric by which we will gauge the success of the reform.” The official gazette had earlier published Decree-Law No. 80/2026 issuing the Judicial Organization Law.

By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff