New judiciary law marks landmark reform in Kuwait’s history, says Al-Sumait
- Judiciary Organization Law strengthens judicial independence and efficiency, unifies court rulings and strengthens judicial guarantees
Minister of Justice Counselor Nasser Al-Sumait said the Cabinet’s approval of the Judiciary Organization Law is a milestone in the development of Kuwait’s judicial authority and the largest reform process witnessed by the judiciary in its history.
In a press statement, Al-Sumait said the law implements the high directives of His Highness the Amir Sheikh Mishal Al-Ahmad Al-Jaber Al-Sabah to reform and develop the judicial system, raise its efficiency and safeguard the independence of the judiciary.
He noted that His Highness the Amir closely followed the file throughout the various stages of its preparation and blessed the completion of its constitutional procedures, reflecting the importance attached to the judiciary as a fundamental pillar of state stability, the rule of law and the protection of rights and freedoms.
Al-Sumait explained that the law reorganizes several fundamental aspects of judicial work, including the selection, promotion and inspection of members of the judiciary, through clear and disciplined rules designed to ensure efficiency and integrity while preserving the prestige and status of judicial office.
Four-year terms for senior judicial positions
The Minister of Justice said the law establishes clear rules for filling senior administrative positions within the judiciary and sets their term at four years, renewable once, with the period calculated from the date of the first appointment.
He said the system would allow for the succession of judicial competencies and experience, while its implementation would also lead to the restructuring of the Supreme Judicial Council in accordance with the new organization. Al-Sumait said the law provides a decisive solution to differences and conflicts between judicial principles through the establishment of the Principles Unification Authority at the Court of Cassation.
The principle established by the authority will be binding on all courts and must be followed in subsequent cases, a move he said would strengthen the consistency of judicial interpretation, limit conflicting rulings and enhance the stability of legal positions and legal certainty.
Stronger litigation guarantees and judiciary Kuwaitization
Al-Sumait explained that the law strengthens litigation guarantees and expands the role of the Public Prosecution in monitoring places of detention, while also regulating electronic trials.He added that the law supports the state’s plan to Kuwaitize the judiciary by reducing promotion periods and creating a faster path for national judicial competencies to advance to higher positions.
Concluding his statement, Al-Sumait stressed that the rule of law is a fundamental pillar of the legal state and cannot exist without an independent and impartial judiciary before which all people are equal without discrimination or distinction.
He described the Kuwaiti judiciary as a longstanding source of trust and pride for society, saying the new law seeks to support its development, strengthen its guarantees, preserve its prestige and independence, and maintain its established judicial traditions and practices while building on them to advance the justice system.
