Officially: Decree issued to enact the Law Regulating the Judiciary

The Law No. 80 of 2026 on the Organization of the Judiciary was officially promulgated in the supplement of the Official Gazette, “Kuwait Today.” The new law, comprising 75 articles distributed across six chapters and fourteen sections, comprehensively reorganizes the structure of the judicial authority and the Public Prosecution, as well as the affairs of their members, while introducing new rules for appointment, promotion, disciplinary measures, training, and electronic litigation.

The judicial hierarchy consists of the Court of Cassation, the Court of Appeal, the Court of First Instance, and the Courts of First Degree, with the establishment of Courts of First Degree in each governorate. The law also permits holding trials, hearing witnesses, and taking judicial measures electronically, subject to safeguards that ensure a fair trial.

The law assigns a pivotal role to the Supreme Council of the Judiciary in matters concerning the appointment, promotion, transfer, and secondment of judges and members of the Public Prosecution, as well as in expressing opinions and proposing necessary measures to develop the judiciary. Among the most significant changes is the gradual Kuwaitization of the judiciary and the Public Prosecution within a maximum period of five years, with the regulation of the status of non-Kuwaitis during the transitional period.

The law also stipulates that certain senior judicial positions shall be held for four-year terms, renewable once, and links eligibility for these posts to a minimum of five years of judicial experience. The law affirms the guarantee that judges and members of the Public Prosecution cannot be dismissed except through prescribed disciplinary procedures, with the exception of the Deputy Public Prosecutor (Grade C). It also establishes a code of judicial conduct, prohibiting political work, commercial activities, and the disclosure of deliberation secrets.

The law regulates inspection, evaluation, and promotion, and permits bypassing seniority in cases of reprimand, warning, or failure to complete training. Disciplinary penalties include reprimand and dismissal, with the right to appeal guaranteed.

Furthermore, the law reorganizes the Public Prosecution, court staff, and judicial training, and establishes a more detailed framework for administration, oversight, and capacity development, including the Kuwait Institute for Judicial and Legal Studies.

The full text of the decree is available on the Al-Anbaa electronic website. Image of Justice