Explanatory Memorandum for the Amendments to the "Nationality Law": Reaffirming the National Identity of Native Kuwaitis and Strengthening Belonging

The explanatory memorandum for Law Decree No. 79 of 2026 amending certain provisions of Amir’s Decree No. 15 of 1959 on Kuwaiti Nationality was published in today’s Kuwait supplement. The memorandum contains necessary and fundamental amendments to certain provisions of the decree, aimed at reaffirming the national identity of native Kuwaitis and strengthening their sense of belonging. The text of the explanatory memorandum is as follows:

Law Decree No. 52 of 2026 was issued to amend certain provisions of Amir’s Decree No. 15 of 1959 on Kuwaiti Nationality, with the aim of reaffirming the national identity of native Kuwaitis and strengthening their allegiance to the State of Kuwait, thereby ensuring the purification and rectification of irregularities that had marred the Kuwaiti nationality file as a result of erroneous practices—whether intentional or unintentional—in handling nationality matters.

In continuation of this, and given that the Amir’s Order dated May 10, 2024, stipulated in its Article 4 that laws shall be issued by law decrees, the present law decree was prepared to introduce necessary and fundamental amendments to certain provisions of the aforementioned Amir’s Decree No. 15 of 1959, thereby reaffirming the national identity of native Kuwaitis and strengthening their sense of belonging.

Article One of this law decree stipulates the replacement of paragraph (4) of Article (14) of the aforementioned Amir’s Decree No. 15 of 1959. The replaced paragraph provided for the deprivation of Kuwaiti nationality from any person proven by the High Committee for Kuwaiti Nationality, through an investigation conducted by it, or by a final judicial ruling, to have intentionally added to his nationality file or to the nationality file of another person any individual who is not his son or descendant, with the aim of granting Kuwaiti nationality to that person contrary to the facts.

Furthermore, the replaced paragraph authorizes the deprivation of Kuwaiti nationality from any son or descendant of the person who committed such act, provided that such son or descendant was aware of the forgery and failed to report it to the competent authorities. This measure aims to safeguard the national fabric and ensure the State’s exercise of its sovereign powers in regulating nationality matters within clear boundaries and sound legal controls.

Article One also stipulates the replacement of Article (19) of the aforementioned Amir’s Decree No. 15 of 1959, so that the new version provides that the certificate issued by the Minister of Interior to any person whose Kuwaiti nationality is established shall be issued in electronic form rather than the traditional paper format. This aligns with the State’s direction toward comprehensive digital transformation and reliance on digital platforms and paperless transactions, thereby enhancing the efficiency of government services and ensuring the highest standards of security and legal evidentiary value for official documents.

The second paragraph of the same article refers to a decision to be issued by the Minister of Interior, which shall specify the necessary technical and operational conditions for issuing the electronic certificate, its storage, its use, the procedures for verifying its authenticity, and the cases in which it may be revoked or suspended.

Given that Article (82) of the Constitution of the State of Kuwait stipulates, among other requirements, that a member of the National Assembly must be a Kuwaiti national by origin in accordance with the law, Article Two of the present law decree adds a new paragraph to the text of Article (7) of the aforementioned Amir’s Decree No. 15 of 1959. This new paragraph explicitly and clearly prohibits the right to vote, stand for election, or be appointed to any parliamentary body for any person who acquired Kuwaiti nationality through naturalization. This measure further ensures the reaffirmation of national identity by guaranteeing that only individuals holding Kuwaiti nationality by origin are eligible to be chosen as representatives of the people in parliamentary bodies, in consistency with the constitutional provisions on this matter.

To address the current situation in which the nationality certificate is a paper-based, non-electronic document, and given that certain legislation required its submission in paper form to complete the required documentation, Article 3 of this legislative decree stipulates that the electronic certificate shall carry the same evidentiary value and legal effects as the paper certificate. It further provides that the electronic certificate shall replace the paper version in the application of all legislative provisions requiring its submission to obtain a service or benefit. Article 4 of the present legislative decree repeals all provisions inconsistent with its terms, while Article 5 obligates the Prime Minister and the ministers, each within their respective areas of competence, to implement it, and specifies that it shall enter into force on the date of its publication in the Official Gazette.