Kuwait Army law gains new recruitment and leave flexibility

KUWAIT CITY, Sept 20: Decree-Law No. 92/2026, amending certain provisions of Law No. 32/1967 regarding the Army, was published on Sunday in the official gazette, “Kuwait Al-Youm,” reports Al-Seyassah daily. The amendments include raising the maximum limit for penalties restricting liberty in cases of disciplinary infractions, regulating the age of admission and health fitness requirements for military service, permitting the recruitment of professionals and other categories under special contracts, and introducing special leave categories, whether with full pay, reduced pay, or without pay. The Decree-Law comprises the following articles: Article 1 replaces the texts of Articles 23, 32 (items 2 and 3), and 40 (item 2) of the aforementioned Law No. 32/1967 with the following texts: * Article 23 - Disciplinary infractions and penalties, as well as the procedures for their imposition, execution, and filing grievances against them, shall be determined by decree. Such penalties shall not include stripping of rank, expulsion, dismissal, demotion, corporal punishment, or any penalty restricting liberty for a period exceeding ninety days. * Article 32 (items 2 and 3) - A candidate for acceptance as an officer must meet the following conditions:

1. Meet the admission age requirement (the specific age and any exceptions thereto shall be determined by a decision of the Minister).

2. Demonstrate health fitness for military service (the conditions for which shall be determined by a decision of the Minister).

* Article 40 (item 2) - Meet the admission age requirement (the specific age and any exceptions thereto shall be determined by a decision of the Minister).

Article 2 - A new paragraph shall be added to Article 5, and a new item numbered 5 shall be added to Article 82 of the aforementioned Law No. 32/1967, reading as follows:

* Article 5 (new paragraph) - Professionals and any other categories may also be accepted into the Army under special contracts, in accordance with the decisions and regulations governing this matter, to be issued by the Minister of Defence.

* Article 82 (Item 5) - Special leaves with full pay, reduced pay, or without pay. Article 3 - Any provision conflicting with the provisions of this Decree-Law shall be repealed.

Article 4 - 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 come into force from the date of its publication. Explanatory Memorandum - The explanatory memorandum clarified that Army Law No. 32/1967 was enacted nearly six decades ago. During that period, the Armed Forces underwent successive organizational, administrative, and operational developments.

This necessitated a review of certain provisions to align them with modern military requirements and grant the military administration greater flexibility in regulating operational matters, which naturally evolve alongside the changing needs of the Armed Forces, without compromising the fundamental guarantees established for military personnel.

It explained that Article 1 of the Decree-Law amended the provisions of Articles 23, 32, and 40. Article 23 raised the maximum limit for liberty-restricting penalties from 60 to 90 days. This aims to enhance the effectiveness of the disciplinary violations system and empower the competent authority to impose sanctions proportionate to the severity of the violation, thereby upholding military discipline without compromising other established provisions and safeguards. It was further noted that the amendment to Article 32 grants the Minister of Defence the authority to determine, by decision, the admission age and any applicable exceptions, rather than having these requirements fixed rigidly in the law. This allows the regulations to remain aligned with the Armed Forces’ needs and changes in recruitment and enlistment policies.

Furthermore, the authority to determine health fitness criteria for military service was assigned to a decision issued by the Minister of Defence, providing the flexibility needed to keep pace with scientific advancements and military medical standards. It was also pointed out that the amendment to Clause 2 of Article 40 aims to harmonize the age requirements for admitting non-commissioned officers and enlisted personnel with those governing the admission of officers. By making the determination of admission age and exceptions subject to a decision by the Minister of Defence, the amendment achieves legislative consistency and allows these regulations to be updated as needed.

In addition, the amendment added a new paragraph to Article 5 permitting the admission of professionals and other categories into the Army under special contracts, in accordance with governing decisions and regulations. This measure addresses the Armed Forces’ growing need for specialized professional and technical personnel and establishes a legal basis for contracting them under systems suited to the nature of their work, thereby providing greater flexibility in attracting and retaining skilled talent.

The amendment also introduced a new Clause 5 to Article 82, establishing a new category of leave - special leave that may be granted with full pay, reduced pay, or without pay. This measure aims to provide a legal framework granting the military administration the flexibility needed to address situations requiring special leave, subject to regulations and decisions, while balancing operational requirements with the circumstances that may necessitate such leave.