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Judiciary Kuwaitization plan gets green light with five-year target

The judiciary reform will reshape its 1,400-strong workforce, impacting 30% of the system and necessitating the recruitment of technical personnel to replace those retiring or leaving within five years.

His Highness the Amir Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah urged judiciary Kuwaitization within five years, prompting the Supreme Judicial Council to affirm its commitment to implementation.

To ensure successful Kuwaitization within five years, the Supreme Judicial Council must set clear standards and leverage foreign judges to clear appeal backlogs and train Kuwaiti judges, as they currently make up 90% of the judiciary.

 

Kuwait is closer than ever to implementing judiciary Kuwaitization, following a speech by His Highness the Amir Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah at the Supreme Judicial Council last Sunday, Al Jaridanewspaper reported.

His Highness emphasized the need to Kuwaitize the judiciary and its supporting bodies, aligning with the Ministry of Justices draft law sent to the council a month ago, which sets a five-year timeline for implementation.

Following His Highness’s speech, the Supreme Judicial Council held an urgent meeting to discuss his directives and ensure their implementation, concluding with a statement affirming its commitment to the Amiridirectives.

Judicial sources revealed that the council had approved the five-year timeline set in the draft law submitted by the Ministry of Justice for the Kuwaitization of the judiciary. The council conveyed its approval in comments sent to the Minister of Justice regarding the proposed amendments to the Judicial Organization Law.

To implement this transition, the Judicial Council must undertake several internal changes, as the reform will affect the judiciary’s structure, which currently includes approximately 1,400 judicial personnel. The transition will impact 30% of the judicial system while also requiring the recruitment of technical personnel to replace those retiring or leaving service within five years.

These changes must be carefully planned to prevent any technical disruptions that could affect work quality or the recruitment of qualified national candidates. The most significant risk to the judicial system lies in adopting temporary, ill-considered solutions—such as arbitrarily increasing the number of recruits, appointing retirees, or relying on external legal experts—merely to fill gaps left by departing personnel. While such measures may address immediate shortages, they could undermine the quality of judicial rulings and the overall justice system.

Instead, well-structured policies must be established to maintain judicial efficiency, uphold traditions, and ensure a seamless transition. A properly managed Kuwaitizationprocess will prevent disruptions and prepare the judiciary for a sustainable, high-quality national workforce within the five-year period.

Foreign judges outnumber their Kuwaiti counterparts

While the Kuwaitization process may not lead to drastic changes, it will significantly impact the judiciary, which currently comprises 1,400 judges and prosecutors—30% of whom are foreign judges.

In some courts, such as the Court of Cassation, foreign judges outnumber their Kuwaiti counterparts, making up 90% of the judiciary. This includes both judges within the court’s chambers and those in the Cassation Prosecution, totaling approximately 160 foreign judges. Their departure within five years presents a major challenge for the judiciary.

Experience in handling complex disputes

The first challenge lies in replacing foreign judges in the Court of Cassation, who were selected for their expertise, specialization, and accumulated experience in handling complex disputes. These judges play a crucial role in shaping legal principles that lower courts must follow. Therefore, the transition must ensure that national replacements are technically qualified to maintain the court’s high standards.

Massive backlog of 90,000 cases

The second challenge is addressing the backlog of appeals in the Court of Cassation. While legislative measures hadbeen introduced to manage this issue, massive backlog of 90,000 cases still remain. The presence of foreign judges over the next five years is expected to help resolve these cases. However, national judges must be integrated into the process to gain the necessary experience and skills to handle appeals at this level.

Ensuring a smooth and effective technical replacement

To facilitate this transition, the Judicial Council must transfer 30 national advisors from the Court of Appeal to the Court of Cassation in the next judicial season. These advisors will be trained within the Cassation Court and Prosecution to ensure a smooth and effective technical replacement while maintaining the court’s established judicial approach.

Judicial challenges and the need for reform

A third challenge arises from the decreasing number of national judges in the Court of Appeal. To compensate, the number of advisory judges must be increased by transferring them from the Court of First Instance. Additionally, more Public Prosecutors must be moved to the Court of First Instance after undergoing specialized training to transition from investigative roles in the Public Prosecution to judicial duties, which follow distinct customs, traditions, and working methods.

Ministry of Justice’s proposal

To ensure the success of Kuwaitization within the five-year period outlined in the Ministry of Justice’s proposal, the Supreme Judicial Council must establish clear standards and controls. It is also essential to leverage the expertise of foreign judges during this transition to resolve the backlog of appeals in the Court of Cassation and to enhance the skills of Kuwaiti judges in handling appeals.

National judges currently make up only 10% of the Court of Cassation

Although national judges currently make up only 10% of the Court of Cassation, they have demonstrated success in presiding over sessions and managing appeals. However, this success was achieved after years of refining their skills and gaining experience, either through the Cassation Prosecution or their tenure as members of the Court of Cassation before assuming leadership roles.





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