KUWAIT: The Supreme Judicial Council has submitted a report to Justice Minister Nasser Al-Sumait highlighting gaps in current legislation and recommending steps to improve the administration of justice.
The report proposes reforms tackling several issues, such as addressing conflicting court rulings, expanding protections for individuals’ assets from seizure, and modernizing Kuwait’s decades-old civil service framework. The council said the proposed reforms aim to modernize Kuwait’s legal framework, improve procedural clarity, and ensure justice is served efficiently and fairly. Minister Al-Sumait is expected to forward the report to the Cabinet.
Court disputes, seizures
One major recommendation is adding a new article to the Civil and Commercial Procedures Law (Law No. 38 of 1980). This law governs the administration of justice in Kuwait, including the filing of claims, court hearings, appeals, and enforcement measures such as asset seizures and travel bans.
The proposed amendment would allow parties involved in conflicting Court of Cassation rulings to request review by a designated judicial panel. The council said the measure follows guidance from His Highness the Amir Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah.
The report also suggests amending Article 216 of the same law by adding new categories of funds and assets to the list of items protected from legal seizure. The current law already protects items such as government property, basic living essentials (clothing, furniture, one month of food), and portions of wages. The reform aims to include more items based on social and humanitarian considerations and the “inherent requirements of justice” behind certain funds. This is intended to create a better balance between the rights of the individual and the collective group.
Civil service overhaul
In addition, the council initiated a review of the Civil Service Law (Law No. 15 of 1979) and its accompanying decree. This law establishes the legal framework for Kuwait’s public sector work, defining administrative structures, employee rights and obligations, disciplinary measures and financial entitlements. The law also mandates the Civil Service Council, led by the Prime Minister, which sets policies for salaries and recruitment in Kuwait’s public sector.
The proposed review will evaluate amendments over time and consider updates to reflect digital advancements, governance standards, and the growth of public service theory. The Supreme Judicial Council President tasked the Court of Cassation and members of the council, along with the technical office, to gather proposals from judges—especially in administrative courts—and the Public Prosecution. These inputs will help ensure the laws are aligned with current administrative needs before the study is presented to the council. — Agencies
