KUWAIT CITY, Nov 2: A new Decree Law No. 155 of 2025 was issued today, abolishing Law No. 22 of 1960, which had established the Traffic Court. The new decree will come into effect three months after its publication in the Official Gazette.

Background and Rationale for the Decree
According to the Explanatory Memorandum accompanying Decree Law No. 155 of 2025, Law No. 22 of 1960 had created a specialized Traffic Court under the jurisdiction of the Criminal Division of the Court of First Instance. This court was responsible for handling traffic-related misdemeanors and violations as defined under Articles 64 to 72 of Law No. 13 of 1959 on Traffic, as well as certain misdemeanors under Articles 154 and 164 of the Penal Code, arising from violations of traffic regulations.

The 1960 law also detailed the composition and functioning of the Traffic Court, which consisted of a single judge appointed by the Minister of Justice from among the judges of the Court of First Instance, and a Public Prosecutor appointed in coordination with the heads of the Police and Public Security departments. The Public Prosecutor was empowered to request the court to issue summary criminal orders against defendants based on the evidence and case files submitted.

The law further provided a framework for appeals against court orders or judgments, as well as provisions for settlement and reconciliation in traffic-related cases. Over time, several amendments were made to Law No. 22 of 1960 to update certain provisions and procedures.

Legal Basis for the Abolition
The memorandum explained that abolishing a legal provision means terminating its validity and removing its binding force—whether through the introduction of a new law that replaces it, or through its repeal without replacement. Once repealed, individuals are no longer subject to its provisions, and courts cease to apply it as a binding source of law. Such repeal may occur regardless of the law’s original source.

Furthermore, legislation can only be repealed by a new legislative act that either explicitly states such repeal, introduces conflicting provisions, or re-regulates a subject previously governed by the old law.

Reasons for Repeal
The first article of Decree Law No. 155 of 2025 explicitly abolishes Law No. 22 of 1960 concerning the Traffic Court, citing the following justifications:

1. Modern Judicial Framework Allows Specialized Divisions Without a Separate Law

Article (7) of the Judicial Organization Law No. 23 of 1990 allows the formation of divisions within the Court of First Instance as needed. Article (8) of the same law authorizes the Minister of Justice, with the approval of the General Assembly of the Court of First Instance, to establish specialized criminal divisions and determine their jurisdiction and territorial competence.

Accordingly, specialized criminal divisions for traffic cases can be created under existing judicial powers, eliminating the need for a separate law to establish a standalone Traffic Court. The repeal of Articles (1) and (2) of the 1960 law therefore does not abolish the concept of specialized traffic adjudication, but rather integrates it into the modern judicial framework.

2. General Criminal Procedures Cover Traffic Misdemeanors

Articles (148) and (149) of the Code of Criminal Procedure and Trials provide comprehensive provisions for summary criminal orders, which can also be applied to traffic misdemeanors. This removes the necessity for a separate system of summary orders under the old Traffic Court law.

Moreover, there is no longer a justification for treating traffic misdemeanors differently from other criminal misdemeanors in terms of the rules and procedures governing summary orders. All such cases will now be governed uniformly under the Code of Criminal Procedure and Trials, ensuring procedural consistency.

3. Uniform Procedures for Judgments and Appeals

The procedures stipulated in Articles (6), (7), and (8) of the 1960 law—concerning judgments, appeals, and opposition—largely mirrored those already contained in the Code of Criminal Procedure and Trials. The few traffic-specific procedures they introduced are now redundant. Repealing them ensures that all misdemeanor cases, including traffic-related ones, follow unified procedural rules, thereby promoting procedural justice and efficiency.

4. Reconciliation in Traffic Cases Already Covered by Existing Law

Article (9) of the 1960 law, which permitted reconciliation in certain traffic misdemeanors, has also become unnecessary. Article (41) of Decree Law No. 67 of 1976 on Traffic already allows reconciliation between the accused and authorities in specific traffic cases, making a separate reconciliation provision obsolete.

Implementation and Transition Period
Article (2) of the new Decree Law requires all ministers and relevant authorities to implement its provisions within their respective jurisdictions. The law will come into force three months after its publication in the Official Gazette.

This transition period is designed to allow the judiciary sufficient time to adapt to the new framework and for the Minister of Justice to issue the necessary administrative decisions to establish the specialized criminal divisions that will henceforth handle traffic cases, in accordance with Article (8) of the Judicial Organization Law.