Decree issued amending the 'Army' law and authorizing the acceptance of professionals on special contracts

The Official Gazette, “Kuwait Today,” published in its issue No. 1809 issued today, a decree-law No. 92 of 2026 amending certain provisions of Law No. 32 of 1967 concerning the Army. The amendments aim to grant the Armed Forces greater flexibility in attracting talent and organizing military service affairs.

The decree-law authorized the acceptance of professionals and other categories into the Army under special contracts, in accordance with the regulations and decisions issued by the Minister of Defense. It also assigned to the Minister the authority to determine the age of acceptance and exceptions thereto, as well as the medical fitness conditions for military service.

The decree-law also unified the age requirement for accepting non-commissioned officers and enlisted personnel with that of officers, whereby the age of acceptance and exceptions would be determined by a decision of the Minister of Defense. This allows for updating admission criteria in line with the Armed Forces’ needs and recruitment and enlistment policies.

The amendment raised the maximum disciplinary penalty involving deprivation of liberty from 60 days to 90 days, while maintaining the remaining provisions and safeguards governing disciplinary sanctions.

Furthermore, the decree-law introduced a new type of leave, namely “special leave with full pay, reduced pay, or without pay,” the rules and conditions of which shall be regulated in accordance with relevant regulations and decisions.

According to the explanatory memorandum, the amendment to Law No. 32 of 1967 comes nearly six decades after its enactment, in light of organizational, administrative, and operational developments experienced by the Armed Forces, necessitating a review of certain provisions to keep pace with modern military operational requirements and grant the military administration greater flexibility in executive matters.

The memorandum clarified that assigning the determination of the age of acceptance to a decision by the Minister of Defense, rather than fixing it rigidly in the law, enables alignment with the Armed Forces’ needs and changes related to recruitment and enlistment policies. Similarly, entrusting the determination of medical fitness conditions to a ministerial decision provides the necessary flexibility to align medical requirements with scientific advancements and military medical standards.

It further indicated that allowing the acceptance of professionals and other categories under special contracts aims to address the Armed Forces’ growing need for specialized professional and technical personnel, and to establish a legal basis for contracting with these categories under systems suited to the nature of their work, thereby enhancing flexibility in attracting and retaining talent.

It added that introducing special leave with full, reduced, or no pay aims to provide a legal framework for handling cases that warrant granting a military personnel special leave, in accordance with the controls set by regulations and decisions, thereby achieving a balance between operational interests and circumstances that may necessitate granting such leave.

The decree-law stipulated the repeal of any provision conflicting with its provisions. Article Four obliged the Prime Minister and ministers, each within their respective competencies, to implement its provisions, with effect from the date of its publication in the Official Gazette.