Minister of Justice: The Law Regulating the Judiciary is the largest reform process in the history of the Kuwaiti judiciary
- Establishing a body to unify legal principles at the Court of Cassation and making its rulings binding on all courts
- Setting the tenure of senior judicial administrative positions at four years, renewable once, and supporting the plan to Kuwaitize the judiciary
Minister of Justice: The Judiciary Organization Law represents the largest reform in the history of the Kuwaiti judicial authority
Minister of Justice, Advisor Nasser Al-Samait, stated that the Judiciary Organization Law, approved by the Cabinet in its meeting on Tuesday, marks a pivotal milestone in the development of the judicial authority and constitutes the most significant reform it has witnessed in its history.
Advisor Al-Samait clarified, in a statement to the Kuwait News Agency (KUNA), 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 added that His Highness the Amir, may God protect and guard him, has closely followed and supervised this file through all stages of its preparation, and endorsed the completion of its constitutional procedures, considering the judiciary a fundamental pillar for the stability of the state, the rule of law, and the protection of rights and freedoms.
Advisor Al-Samait noted that the law reorganizes several key aspects of judicial work, including the selection, promotion, and supervision of judicial authority members, according to clear and disciplined rules that ensure competence and integrity, while safeguarding the dignity and status of the judicial office.
He stated 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 the first appointment to any such position. This allows for the succession of competencies and expertise, and its implementation will necessitate the reformation of the Supreme Council of the Judiciary according to the new structure.
He further explained that the law introduced a decisive solution to divergent and conflicting judicial principles through the Establishment of Legal Precedents Body at the Court of Cassation, making the principles established by this body binding on all courts and mandatory to follow in subsequent cases. This consolidates uniformity in judicial interpretation, reduces disparate rulings, and strengthens legal certainty and security.
He pointed out 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 to Kuwaitize the judiciary by reducing promotion periods and providing a faster track for national talents to advance to higher judicial positions.
Concluding his statement to KUNA, the Minister of Justice said, “The rule of law is one of the pillars of the legal state, which has no foundation except an independent and honest judiciary before which all are equal without discrimination or favoritism. This is our proud and steadfast Kuwaiti judiciary, which has always been and remains a source of trust and pride for society. This law comes to support its progress, consolidate its guarantees, and safeguard its dignity and independence, while preserving its judicial traditions and established customs and building upon them to develop the justice sector.”
