Revised law redefines who qualifies as Kuwaiti citizen

Meanwhile, Decree-Law No. 52/2026 amending certain provisions of Amiri Decree No. 15/1959 on the Kuwaiti Citizenship Law was published in ‘Kuwait Al-Youm’, specifically Supplement No. 2 of Issue No. 1786, on Monday. The decree-law, which consists of five articles, along with its explanatory memorandum, is a revision of the legislative framework regulating Kuwaiti citizenship in a way that ensures balance between safeguarding the national fabric and humanitarian and social considerations, while ensuring that the State exercises its sovereign powers on granting, losing, withdrawing and revoking citizenship, but within clear limits and explicit legal controls.

It stipulates the replacement of several important articles in the existing law, the amendment of some phrases that contradict the current regulations, and the cancellation of some provisions that were found unnecessary or in contradiction with the new legislative framework. Article One of the decree-law states the replacement of articles 1, 7, 7bis A, 10, 11, 11bis, 12, 13, 14, Paragraph Three of 16, Paragraph Two of 20, 21bis A, 21bis B, 22 and 23 of Amiri Decree No. 15/1959.

This article also indicates that a Kuwaiti by origin is someone born to a Kuwaiti father, and this includes all those born later, whether the place of birth is inside or outside the State of Kuwait. The amended Article Seven does not state that the foreign spouse automatically becomes Kuwaiti upon the foreigner’s acquisition of Kuwaiti citizenship under any circumstances.

This article deems the minor children to be Kuwaiti by naturalization and allows them to choose their nationality within the year of reaching the age of maturity. As for children born to the naturalized person after he acquires Kuwaiti nationality, they are considered Kuwaiti by naturalization pursuant to this article, whereas the previous law considered them Kuwaiti by origin. Article 7bisA states that the Minister of Interior can decide to treat a minor born to a Kuwaiti mother as a Kuwaiti until he or she reaches the age of maturity if he or she stayed in Kuwait and if his or her foreign father is imprisoned, or divorced his mother, or passed away. This article grants the Minister of Interior the power to decide to treat as Kuwaiti until reaching the age of maturity anyone born in Kuwait, or abroad, to a Kuwaiti mother, whose father is unknown or whose paternity was not legally established, in addition to anyone born in Kuwait to unknown parents.

Revised Article 10 states that a Kuwaiti woman does not lose her Kuwaiti nationality upon marrying a foreigner unless she obtains her husband’s nationality. Regarding a Kuwaiti woman who is naturalized based on her marriage to a Kuwaiti man, her Kuwaiti citizenship is revoked after the death of her Kuwaiti husband or the termination of the marital relationship for any reason if she has no children.

A woman who has children with her Kuwaiti husband does not lose her Kuwaiti citizenship as long as she does not remarry a non-Kuwaiti. Her citizenship is revoked if she reclaims her original nationality, acquires another nationality, or carries a passport of another country. Revised Article 11 stipulates that a Kuwaiti -- whether based on Article One of this decree-law or through naturalization -- loses Kuwaiti citizenship if he voluntarily acquires a foreign nationality. Consequently, his wife loses her citizenship if she is a Kuwaiti by naturalization, unless she informs the Minister of Interior of her desire to retain her Kuwaiti citizenship only within a year after she found out about her husband’s naturalization.

Minor children also lose their Kuwaiti nationality if they are included in their father’s new nationality under the law of that nationality, provided that the minor is Kuwaiti as per Article One of this decree- law. They must inform the Minister of Interior of their desire to keep their Kuwaiti citizenship for only one year after reaching the age of maturity.

The final paragraph of this article allows the issuance of a decree, based on the proposal of the Minister of Interior and with the approval of the Higher Committee for Kuwaiti Citizenship Investigations, to restore Kuwaiti citizenship to any Kuwaiti who lost it, under Article One of this decree-law, provided they stayed legally in Kuwait for at least one year, ask to regain their Kuwaiti citizenship, and relinquish their foreign nationality. Article 11bis states that those who obtained Kuwaiti nationality through naturalization must renounce their foreign nationality, if they hold another nationality, within three months from the date of obtaining Kuwaiti nationality and must submit proof of this to the Ministry of Interior within that period. Otherwise, the granting of Kuwaiti nationality shall be deemed null and void as of the date of granting.

The amended Article 12 permits the reinstatement of Kuwaiti nationality to a Kuwaiti woman who lost it as a result of acquiring her foreign husband’s nationality, in accordance with Article One of this decree-law. The reinstatement is granted by decree upon the termination of the marriage, provided that she requests it and that her usual residence is in Kuwait, or she has returned to reside in Kuwait. The amended Article 13 specifies the cases in which Kuwaiti nationality may be withdrawn from a foreigner who obtained it through naturalization.

The withdrawal shall be issued by decree, based on the proposal of the Minister of Interior and with the approval of the Higher Committee for Kuwaiti Citizenship Investigations. Article 14bis permits the revocation of Kuwaiti nationality by decree, based on the proposal of the Minister of Interior and with the approval of the Supreme Committee for Nationality in the cases specified in this article. The amended third paragraph of Article 16 stipulates that a person who lost Kuwaiti nationality, or from whom it was withdrawn or revoked, shall be deprived of all the benefits he enjoyed as a result of his acquisition, if the loss, withdrawal or revocation occurred in accordance with Articles 10, 11, 11bis, and Article 13 clauses 2, 3, 5 and 6.

To ensure the affirmation of national identity and to eliminate any doubt in matters of nationality, the amended second paragraph of Article 20 permits the use of scientific methods, including DNA testing and biometric identification, in cases of loss, withdrawal or revocation of nationality, in accordance with the rules and regulations as per a decision issued by the Minister of Interior.

The amended Article 21bisA provides for the withdrawal of a Kuwaiti nationality certificate if it is proven that it was granted unlawfully due to fraud, false statements or incorrect testimonies. Such withdrawal shall be made by decree, based on the proposal of the Minister of Interior and with the approval of the Higher Committee for Kuwaiti Citizenship Investigations. This article also provides for the withdrawal of Kuwaiti nationality from any person who acquired it by dependency on the holder of such a certificate.

The amended Article 21bis B imposes a penalty of imprisonment for a term not exceeding three years and a fine not exceeding KD3,000 on any person who provides incorrect information to the administrative authorities responsible for investigating Kuwaiti nationality, or to committees formed for this purpose, whether to establish nationality for themselves or others or to facilitate its acquisition, whether such statements are made orally or in writing, if it is not proven that they made a reasonable effort to verify the accuracy of the information.

The penalty is aggravated to imprisonment for a term not exceeding seven years if the person knowingly provides false information, with the possibility of imposing a fine not exceeding KD5,000, in addition to imprisonment. To prevent differing interpretations and disputes regarding the possibility of challenging decrees and decisions related to nationality, the amended Article 22 stipulates that all such matters are considered acts of sovereignty and are not subject to judicial review.

The amended Article 23 grants the Public Prosecution exclusive jurisdiction over the investigation, disposition and prosecution of all crimes related to nationality matters. Article Two of the decree-law states the replacement of the terms ‘Minister of Interior’ and ‘Higher Committee for Kuwaiti Citizenship Investigations’ with ‘Head of Police and Public Security Departments’ and ‘Supreme Committee’ wherever they appear in the provisions of Amiri Decree No. 15/1959.

Article Three affirms that anyone granted Kuwaiti nationality by dependency on a person under Amiri Decree No. 15/1959 before this decree takes effect shall be deemed a naturalized Kuwaiti. Article Four repeals Articles 2, 3, 4, 5, 6 and 7bis of Amiri Decree No. 15/1959, as well as Law No. 44/1994 (which added a new clause to Article Seven of the same decree), and Law No. 32/1995 (which amended certain provisions of the decree), and also repeals any provision that conflicts with this decree. Article Five obliges the Prime Minister and the ministers, each within their respective jurisdiction, to implement the decree, and stipulates that it shall take effect from the date of its publication in the official gazette, ‘Kuwait Al-Youm’.