Key Features of the Judicial Organization Law... 15 Fundamental Reforms

The gradual replacement of non-Kuwaiti judges and members of the Public Prosecution, according to a specific executive mechanism with a mandatory deadline not exceeding five years from the date of the law’s entry into force, while facilitating the promotion of Kuwaiti judges holding ranks prior to its enforcement.

Articles: Article 5 of the Issuance Articles and Article (20) of the Law

The tenure for these positions is limited to four years, renewable once, with the requirement of prior judicial service of no less than five years to assume them. Reappointment is regulated by a time limit, and upon expiration of the term, the incumbent returns to the judiciary according to their seniority prior to appointment.

If two rulings contain conflicting principles, the President of the Court may, on his own initiative or upon a proposal from the Technical Office, convene the Body for Unification of Principles, even in the absence of a dispute, to establish the legal principle to be followed in subsequent appeals, without this having any effect on rulings that have acquired the force of res judicata.

The requirement of original Kuwaiti nationality, full legal capacity, good conduct, and a reputable standing, and the exclusion of anyone who has been judicially or disciplinarily convicted of an act compromising honor or trust, even if their reputation has been restored. These conditions also apply to members of the Public Prosecution.

Initiating disciplinary proceedings against the President of the Supreme Council of Judges and its judicial members before a special judicial committee composed of three First Counselors, selected annually by the General Assembly of the Court of Cassation. The committee convenes at the seat of the Court of Cassation and examines the facts in private.

Holding trials, hearing witnesses, and other judicial procedures via electronic means is permitted, without prejudice to trial guarantees, according to regulations issued by a decision of the Minister of Justice after obtaining the opinion of the Supreme Council of Judges. Publicity is considered achieved through such means.

Permission for a judge or member of the Public Prosecution to pursue postgraduate studies, be granted study leave, or be dispatched on a mission. Regular participation in training is considered a requirement for appointment and a duty of the position. A judge may be bypassed in promotion if they fail to complete the required training courses.

A judge or member of the Public Prosecution may be seconded or loaned, with their consent, to international bodies or organizations within or outside Kuwait for a period not exceeding four years, while retaining their position and seniority, with the period counted toward years of service, to ensure Kuwait’s optimal representation before such bodies.

The Supreme Council of Judges shall issue a Code of Judicial Conduct, and compliance with it is considered a duty of judges and members of the Public Prosecution. Loss of trust and reputation, or loss of the necessary competence to perform duties for reasons other than health, constitutes grounds for initiating disciplinary proceedings.

Engagement in political work and expressing political opinions in all forms and shapes is prohibited. Running for election in general elections is prohibited. Publishing anything related to official duties on social media or other platforms is forbidden.

The supervisory authority of the Public Prosecution is extended to include detention centers, in addition to prisons and other places where criminal sentences are executed, in response to international demands in this regard.

One of the administrative chambers at the Court of Appeal is authorized to adjudicate disputes related to the employment affairs of members of the judicial authority, with the right to appeal its ruling through cassation. Previously, the Court of Cassation had jurisdiction to hear such cases initially, with its ruling being final and not subject to review.

Given the large number of cases adjudicated by the Total Court compared to higher-level courts, the burden on its President in managing it has been alleviated by allowing him to have one or more deputies holding the rank of First Counselor.