Appointment of judges and public prosecutors restricted to "permanent status"
Justice Minister and Legal Advisor Nasser Al-Sameet affirmed that the Cabinet’s approval of the law regulating the judiciary represents a pivotal milestone in the development of the judicial authority and the most significant reform process witnessed in its history. Al-Sameet stated that the law was enacted in implementation of the high directives of His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, regarding the reform and development of the judicial system, enhancing its efficiency, and safeguarding the independence of the judicial authority. He noted that His Highness has closely followed and supervised this file throughout its various stages of preparation, and endorsed the completion of its constitutional procedures, considering the judiciary a fundamental pillar for state stability, the rule of law, and the protection of rights and freedoms.
Al-Sameet clarified that the law reorganizes several key issues in judicial work, including the selection, promotion, and oversight of judicial authority members according to clear and disciplined rules that ensure competence and integrity, while preserving the dignity and status of the judicial office. He pointed out that the law established clear rules for filling senior administrative positions in the judiciary, setting their tenure at four years, renewable once, with the period calculated from the date of assuming any such position. This facilitates the succession of competencies and expertise, and its implementation will necessitate the reconstitution of the Supreme Council of the Judiciary according to the new framework.
Furthermore, the law provides a decisive solution to divergent and conflicting judicial principles through the Principle Unification Body at the Court of Cassation, making the principles established by this body binding on all courts and mandatory in subsequent cases. This consolidates uniformity in judicial interpretation, reduces disparate rulings, and strengthens legal certainty and the stability of legal positions. Al-Sameet explained that the law enhances litigation guarantees and the role of the Public Prosecution in monitoring detention facilities, regulates electronic trials, and supports the state’s plan for the Kuwaitization of the judiciary by reducing promotion periods and providing a faster track for national talents to advance to higher judicial positions.
Concluding his remarks, Al-Sameet stated that the rule of law is one of the pillars of the legal state, which relies solely on an independent and honest judiciary where all are equal before the law without discrimination. He described this as the proud and steadfast Kuwaiti judiciary, which has always been a source of trust and pride for society. The new law aims to support its progress, consolidate its guarantees, and protect its dignity and independence, while preserving its judicial traditions and established customs to develop the justice sector.
Among the most prominent features of the new draft decree are the requirement of original Kuwaiti citizenship for the appointment of judges and public prosecutors, the prohibition of political work, expressing political opinions in any form, and running in general elections for holders of positions within the judicial authority, as well as restrictions on media appearances. The law also stipulates the issuance of a code of judicial conduct, the gradual replacement of non-Kuwaiti judges and prosecution members, the establishment of a four-year tenure for judicial positions renewable once, the prevention of conflicting judgments, and the unification of principles of the Court of Cassation. Additionally, it provides for the creation of a special judicial committee to discipline members of the Supreme Council of the Judiciary.
