Continuing the purification of "citizenship" from impurities
- Ensuring the state’s exercise of its sovereign authority in matters of nationality
- A clear and explicit ban on the candidacy and election of naturalized citizens, in accordance with the Constitution
- Selecting only those holding original citizenship as representatives of the people in parliamentary bodies
- E-citizenship aligns with the comprehensive digital transformation and paperless transactions
The explanatory memorandum accompanying the decree amending certain provisions of the Kuwaiti Nationality Law revealed the foundations underpinning the recent amendments, placing at the forefront of its objectives the affirmation of the national identity of original Kuwaitis, the strengthening of allegiance, and the protection of the national fabric, alongside consolidating the state’s sovereign authority to regulate nationality matters and ensuring that representatives of the people in parliamentary bodies hold original Kuwaiti citizenship, while simultaneously keeping pace with the comprehensive digital transformation and enhancing the efficiency, security, and legal validity of official documents.
The explanatory memorandum for Legislative Decree No. 79 of 2026, amending certain provisions of Amir’s Decree No. (15) of 1959 on the Kuwaiti Nationality Law, noted the issuance of Legislative Decree No. (52) of 2026, amending certain provisions of the same Amir’s Decree No. (15) of 1959, “to affirm the national identity of original Kuwaitis and strengthen allegiance to the State of Kuwait in a manner that ensures the purification and rectification of any impurities that marred the Kuwaiti nationality file, resulting from erroneous practices in handling the file, whether intentional or unintentional.”
The memorandum, published alongside the decree in an appendix to the official newspaper *Kuwait Al-Yawm* on Monday, added that, in continuation of this effort, the current legislative decree was prepared “to introduce necessary and fundamental amendments to certain provisions of the aforementioned Amir’s Decree No. 15 of 1959, ensuring the affirmation of the national identity of original Kuwaitis and the strengthening of allegiance.”
The memorandum clarified that replacing Clause (4) of Article (14) permits the deprivation of nationality from anyone who intentionally adds a person to their nationality file who is not their child or descendant, as well as from children or descendants if it is proven that they were aware of this and failed to inform the competent authorities, “thereby ensuring the protection of the national fabric and guaranteeing the state’s exercise of its sovereign authority in regulating nationality matters within clear boundaries and robust legal controls.”
It further explained that replacing Article (19), which now stipulates the issuance of nationality certificates electronically instead of in paper form, comes “in response to the state’s trend 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 validity for official documents.” The Minister of Interior will determine, by decision, “the necessary technical and procedural controls and requirements for issuing the electronic certificate, as well as its storage, usage, verification procedures for its authenticity, and cases of its cancellation or suspension.”
Regarding the addition of a new paragraph to Article (7), which explicitly and clearly prohibits naturalized citizens from voting, running for office, or being appointed to any parliamentary body, the memorandum stated that Article (82) of the Constitution stipulates that “one of the conditions for a member of the National Assembly – among others – is to be a Kuwaiti national by origin in accordance with the law.” It noted that the amendment came “to complete the assurance of affirming national identity in a manner that ensures that only those holding original Kuwaiti citizenship are selected as representatives of the people in parliamentary bodies, in line with constitutional provisions on this matter.”
With regard to the legal probative value of the electronic nationality certificate, Article 3 of the new decree stipulates that it shall have “the same probative value and legal effects as the paper certificate,” and that it “shall replace it in the application of all legislative provisions requiring its submission to obtain a service or benefit.” This aims to “address the current situation in which the nationality certificate is a paper, rather than an electronic, document, and where certain laws mandated its submission in paper form to complete the required documentation.”
