Kuwait Court Overturns PAHW Eviction Order, Protects East Taima Residents

KUWAIT CITY, Aug 25: The Al-Shuhoumi Legal Group has obtained a court ruling from Kuwait’s Administrative Court cancelling a decision by the Public Authority for Housing Welfare (PAHW) to evict its clients from their government house in the East Taima area.

The ruling followed arguments presented by lawyer Abdulkarim Al-Majhoul before the Administrative Court against the housing authority’s decision.

According to the legal group, the disputed administrative decision ordered the termination of a rental contract between the housing authority and its clients. The contract, dated June 9, 2021, concerned the government house occupied by the clients in East Taima.

The legal group argued that the administrative decision was contrary to the law and constituted an abuse of authority and an improper exercise of administrative power.

The group said the decision involved the cancellation of an existing contractual arrangement despite the legal rights and obligations established between the two parties.

It further argued that a rental contract creates legal rights and obligations for both parties, preventing the administrative authority from unilaterally cancelling or disregarding those rights and obligations.

The legal group also emphasized the constitutional principles governing the balance between the needs and special circumstances of individuals and families and the broader public interest.

It said the public interest requires authorities to take such considerations into account, noting that the Constitution provides legal protection for these balances and safeguards.

The court ruling ultimately cancelled the housing authority’s decision to evict the clients from their home in East Taima, according to the Al-Shuhoumi Legal Group.

The case highlights the legal protections surrounding government housing contracts and the limits on administrative authorities in taking unilateral decisions affecting established contractual rights.