KUWAIT CITY, July 1: The Council of Ministers has approved a draft decree-law amending Article 58 bis of Law No. 31 of 1970, which governs penalties for public employees who deliberately refuse to implement enforceable judicial rulings. The proposed amendment aims to enhance the legal framework by increasing penalties and extending the timeframe for compliance, thereby reinforcing respect for the judiciary and safeguarding the rule of law.

Under the new provisions, any competent public employee who intentionally fails to implement a judicial ruling within 90 days of official notification—via regular means or modern electronic communication—will face imprisonment for up to two years and a fine ranging from KD 3,000 to KD 20,000, or one of these penalties. This represents a significant increase from previous fines, which were deemed insufficient to deter violations.

If the employee abuses their official authority to obstruct execution of the ruling, the penalty increases to imprisonment for up to one year and a fine between KD 2,000 and KD 10,000, or one of these penalties. Courts are also granted discretionary power to order the dismissal of employees convicted under these provisions, allowing judges to tailor punishments to individual circumstances.

The draft clarifies that the Public Prosecution will have exclusive jurisdiction to investigate and prosecute such offenses, with criminal proceedings ending if the employee complies with the ruling at any stage. This measure is intended to encourage timely enforcement and uphold judicial finality.

The amendment follows observations that the prior 30-day compliance window was often insufficient for administrative procedures, prompting the extension to 90 days to provide a more realistic timeframe. Notifications may be delivered through traditional or electronic means consistent with the Civil and Commercial Procedures Law.

The explanatory memorandum underscores the importance of enforcing judicial rulings as fundamental to justice and the constitutional principle of separation of powers, as outlined in Article 50 of Kuwait’s Constitution. It further notes that the amendment aligns with Amiri Order No. 4 of 2024, which mandates laws be enacted through decree-laws.

Article 2 of the draft stipulates that the Prime Minister and relevant ministers are responsible for implementing and publishing the decree in the Official Gazette, making it effective immediately upon publication.