The Challenges Facing the Enforcement Judiciary and Their Solutions in Kuwait
The enforcement judiciary is the practical fruit of justice; a court judgment holds no value if it cannot be implemented. Despite the efforts made within Kuwait’s justice system, the enforcement phase still faces challenges that prolong the recovery of rights and burden litigants.
The most prominent difficulties and challenges include bureaucracy, document circulation, and slow coordination between the Enforcement Administration and relevant government or banking entities involved in asset seizure and inquiries. Additionally, legal loopholes and the exploitation by some debtors of recurring enforcement issues serve as a malicious means to obstruct procedures and buy time. Updating data and locating debtors’ addresses also pose obstacles to identifying actual residences and tracing funds. Furthermore, the human workload burden stems from the continuous increase in case volumes against a shortage of qualified personnel.
To address these challenges, several developmental solutions and proposals have emerged. The most important among them is activating comprehensive, direct, and real-time electronic linkage between the Enforcement Administration, the Public Authority for Civil Information, banks, and the Ministry of Commerce, to swiftly execute seizure and inquiry orders.
Other measures include amending procedural legislation to establish strict regulations for enforcement objections and imposing deterrent fines on those who delay compliance. Additionally, the creation of an Enforcement Police Force—a specialized security agency directly subordinate to the Enforcement Administration—would enable the rapid apprehension of convicted individuals. Other proposals include outsourcing certain administrative enforcement tasks, such as publishing notices and property valuations, to qualified companies under judicial supervision, thereby alleviating the burden on enforcement officers.
I wish to emphasize that developing the enforcement judiciary in Kuwait is no longer an administrative luxury, but rather a fundamental pillar for enhancing confidence in the judicial system, attracting investments, and ensuring the rule of law by transforming judgments from mere words on paper into tangible reality.
Emad Abdul Aziz Al-Rashidi
College of Commercial Studies – Law Major
