“Electronic” Nationality.. Under Technical Regulations

The Cabinet, in its meeting held yesterday Tuesday and chaired by Prime Minister Sheikh Ahmad Abdullah Al-Ahmad Al-Sabah, approved a draft law decree amending certain provisions of Emiri Decree-Law No. 15 of 1959 concerning Kuwaiti Nationality. Article One of the aforementioned draft law decree stipulates that the following texts replace the text of Item 4 of Article 14 and the text of Article 19 of Emiri Decree-Law No. 15 of 1959: Article 14, Item 4: If a person intentionally adds to his or another person’s nationality file any individual who is not his son or descendant, and this is established through an investigation conducted by the Supreme Committee for Kuwaiti Nationality Verification or by a final judicial ruling, the nationality of any of his sons or descendants may be revoked if his knowledge of such addition is proven. Article 19 states: The Minister of Interior shall issue a Kuwaiti nationality certificate to any Kuwaiti after verifying its establishment in accordance with the provisions of this law. This certificate shall be issued in electronic format, and the Minister shall issue a decision outlining the technical and procedural controls and requirements for issuing, storing, using, verifying the authenticity of, revoking, or suspending the validity of the electronic certificate. Article Two of the draft law decree further stipulates that a new paragraph be added to the text of Article 7 of the aforementioned Emiri Decree-Law No. 15 of 1959, reading as follows: Article 7, New Paragraph: A person who acquires Kuwaiti nationality through naturalization shall not have the right to vote, stand for election, or be appointed to any legislative body. Article Three of the draft law decree provides that the electronic certificate mentioned in this law decree shall carry the same legal weight and effects as the nationality certificate and shall replace the paper certificate in the application of existing laws, decrees, and regulations. The Cabinet referred the draft law decree to His Highness the Amir, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah. The Cabinet also approved a draft law decree concerning the organization of the judiciary, as part of efforts to develop the judicial system, enhance judicial efficiency, and consolidate guarantees of judicial independence and integrity by updating the rules governing judicial and public prosecution affairs and establishing a more integrated framework for justice institutions across several interrelated main axes. The first axis of the draft law decree focuses on developing the organization of judicial affairs by updating the rules governing the selection, appointment, and promotion of judicial members, as well as enhancing the jurisdiction of the Supreme Council of the Judiciary and the rules governing its operations. The second axis aims to strengthen the oversight, accountability, and litigation guarantee system by developing rules for judicial inspection, accountability, and disciplinary measures, enhancing litigants’ rights, and updating regulations governing the operations and jurisdiction of the public prosecution, while reinforcing its role in overseeing detention facilities. The third axis 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 legal stability and consistency in judicial rulings, alongside regulating 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 Cabinet referred the draft law decree to His Highness the Amir, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah. The Cabinet also approved a draft decree replacing the schedule attached to Decree 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. Additionally, the Cabinet approved a draft law decree issuing the Law on the Establishment of Economic Courts, aimed at keeping pace with modern global and regional legislation and harnessing advanced technological systems to serve justice. This requires issuing a law establishing Economic Courts, which is a procedural law designed to achieve the necessary balance between the right to defense and the expeditious resolution of cases brought before courts, through three interrelated objectives: first, designating an Economic Court and a judge assigned to it, extending this designation to experts appointed to conduct expertise in disputes heard before the court, and reaching the enforcement judge who implements its rulings; second, simplifying litigation procedures by reducing certain procedural deadlines, preparing cases, notifying parties of the statement of claim, and enabling mutual access to memoranda and documents before referral to the competent court, while activating remote litigation systems while ensuring the principle of confrontation between parties and safeguarding the right to defense; and third, providing legislative flexibility by avoiding rigid statutory texts, which are among the greatest flaws of legislation. The Cabinet referred the draft law decree to His Highness the Amir, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah.