Cabinet Approves Draft Decree-Law on the Organization of the Judiciary

The Council of Ministers approved a draft decree-law concerning the organization of the judiciary, as part of efforts to develop the judicial system, enhance the efficiency of judicial work, and consolidate guarantees of judicial independence and integrity. This is being achieved by updating the rules governing the affairs of the judicial authority and the Public Prosecution, and by establishing a more integrated framework for justice institutions across several interrelated key pillars.
This decision was taken during a meeting held on Tuesday, presided over by His Highness Sheikh Ahmad Abdullah Al-Salim Al-Sabah, Prime Minister.
The first pillar of the draft decree-law focuses on developing the organization of the judicial authority by updating the rules governing the selection, appointment, and promotion of its members, as well as enhancing the competencies of the Supreme Council of the Judiciary and the rules governing its work.
The second pillar aims to strengthen the oversight and accountability system and litigation guarantees by developing rules for judicial inspection, accountability, and disciplinary measures, enhancing the rights of litigants, refining the regulations governing the work and competencies of the Public Prosecution, and reinforcing its role in overseeing detention facilities.
The third pillar involves developing judicial work and enhancing the stability of legal principles by establishing a comprehensive mechanism to unify judicial precedents of the Court of Cassation, thereby ensuring the stability of legal principles and consistency of judicial rulings. It also regulates trials and judicial procedures conducted using electronic means, in a manner that responds to legislative and technological developments and elevates the efficiency of the justice system.
The Council of Ministers referred the draft decree-law to His Highness the Amir, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, may God protect and guard him.
The Council of Ministers also approved a draft decree replacing the schedule attached to Decree-Law No. 126 of 2018 concerning the minimum periods required for remaining in the ranks of judges and members of the Public Prosecution, and referred it to His Highness the Amir.
Furthermore, the Council of Ministers approved a draft decree-law issuing a law establishing Economic Courts, in order to keep pace with modern global and regional legislation and to harness advanced technological systems in the service of justice. This decision was taken during the Council of Ministers’ meeting held on Tuesday, presided over by His Highness Sheikh Ahmad Abdullah Al-Salim Al-Sabah, Prime Minister.
The law entails the establishment of Economic Courts, an procedural law aimed at achieving the required balance between the right to defense and the expeditious resolution of cases brought before the courts. This is pursued through three interrelated objectives:
1. Designating a specific Economic Court and a judge assigned to it, with this designation extending to the expert appointed to conduct expertise in disputes heard before the court, and to the enforcement judge responsible for implementing its rulings.
2. Simplifying litigation procedures by reducing certain procedural deadlines, preparing cases, notifying parties of the case documents, and enabling mutual access to memoranda and evidence before referral to the competent court. Additionally, it activates the system of remote litigation while ensuring the principle of confrontation between parties and safeguarding the right to defense.
3. Legislative flexibility, by carefully avoiding the rigidity of statutory provisions, which is considered one of the major flaws of legislation.
The Council of Ministers referred the draft decree-law to His Highness the Amir, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah.
In the same meeting held on Tuesday and presided over by His Highness Sheikh Ahmad Abdullah Al-Salim Al-Sabah, Prime Minister, the Council of Ministers approved a draft decree-law amending certain provisions of Emir Decree No. 15 of 1959 concerning the Kuwaiti Nationality Law.
Article One of the aforementioned draft decree-law stipulates that “the following texts shall replace the text of Item 4 of Article 14 and the text of Article 19 of the aforementioned Emiri Decree No. 15 of 1959: Article 14: Item 4 If a person intentionally adds to their own or another person’s citizenship file any individual who is not their child or descendant, and this is established through an investigation conducted by the Supreme Committee for Kuwaiti Nationality Verification or by a final court judgment, citizenship may be revoked from any of their children or descendants, provided their knowledge of such addition is established. Article 19: The Minister of Interior shall issue a Kuwaiti citizenship certificate to any Kuwaiti after verifying its authenticity in accordance with the provisions of this Law. This certificate shall be issued in electronic form, and the Minister shall issue a decision outlining the technical and procedural controls and requirements for issuing, storing, and using the electronic certificate, as well as the procedures for verifying its authenticity, revoking it, or suspending its validity.”
Article Two of the draft decree-law further stipulates that “a new paragraph shall be added to the text of Article 7 of the aforementioned Emiri Decree No. 15 of 1959, reading as follows: Article 7, New Paragraph: No person who has acquired Kuwaiti nationality through naturalization shall have the right to vote, run for office, or be appointed to any legislative body.”
Article Three of the draft decree-law states that “the electronic certificate provided for in this decree-law shall carry the same legal weight and effects as the paper citizenship certificate, and shall replace the paper certificate in the application of laws, decrees, and regulations in force.”
The Council of Ministers referred the draft decree-law to His Highness the Amir, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah.
The Council of Ministers also reviewed a visual presentation delivered by the Deputy of the Diwan Amiri, Sheikh Abdulaziz Meshal Al-Mubarak, and the committee responsible for managing and supervising the third phase of the Martyr’s Park project, to review the latest stages regarding the operation and opening of the project, which is scheduled to open to visitors on Thursday, October 1.
This came during the Council of Ministers meeting held today, Tuesday, chaired by His Highness Sheikh Ahmad Al-Abdullah Al-Salim Al-Sabah, Prime Minister.
During the visual presentation, Sheikh Abdulaziz Meshal Al-Mubarak stated that, on this occasion, a carnival featuring entertainment activities for visitors will be held, including musical bands, light shows, and family and children’s entertainment segments. He explained that the park’s vision is to be a model and integrated park encompassing various sports and recreational facilities.
He noted that the total area of the project site amounts to 243,605 square meters, while the total built-up area is 203,162 square meters. The green area covers 190,661 square meters, and the investment area totals 16,232 square meters. He clarified that the project components include:
- The Sur Theater Building, which houses the Roman theater, an outdoor cinema, a multi-purpose hall, a women’s health club, cafes, and commercial shops.
- The Sports Building, which includes the upper park, an indoor ice skating hall, a snow sports hall, an electric car racing track, and a flying ride.
- External facilities, comprising a mosque, an open-air theater, outdoor playgrounds, a running track, and fountains.
- Parking lots, accommodating 2,388 vehicles.
For his part, the Council of Ministers commended the efforts undertaken by the leadership, officials, and staff of the Diwan Amiri and the committee responsible for managing and supervising the third phase of the Martyr’s Park project, in opening this cultural and recreational facility, which will serve as a tourist landmark attracting visitors from within and outside the State of Kuwait.