Judicial Organisation Law
State of Kuwait · 70 stored articles
Article index
Search statutory textsArticles 1 – 5046
- Article 1The courts shall have jurisdiction to adjudicate all disputes and crimes except those excluded by a special provision. The law shall specify the rules governing the…
- Article 5The Ministers, each within his respective remit, shall implement this Law. It shall be published in the Official Gazette and shall take effect from the first of…
- Article 6The Court of Appeal shall consist of a president, a vice-president and a sufficient number of deputy presidents and counselors. Chambers shall be formed therein as…
- Article 7The Court of First Instance shall consist of a president, a vice-president, and a sufficient number of deputy presidents of the court and the judiciary. Chambers shall…
- Article 8Summary courts shall be established in every governorate of Kuwait by a decision of the Minister of Justice designating their seats and defining their territorial…
- Article 9Each of the Courts of Cassation and Appeal and the Court of First Instance shall meet as a general assembly, upon a summons by the president of the court, to consider…
- Article 10The General Assembly of each court shall consist of all its serving judges, and its meeting shall not be valid unless more than half their number attend. If this quorum…
- Article 11Each court shall form a committee called the Interim Affairs Committee, chaired by the president of the court or the person acting in his place and comprising its two…
- Article 12The decisions of the general assembly and the interim affairs committee of each court shall be communicated to the Minister of Justice. The Minister may return to the…
- Article 13Court hearings shall be public. The court may decide to hold a hearing in private if public order or the preservation of morals so requires. In all cases, judgment shall…
- Article 14Arabic is the official language of the courts. However, the court may hear the statements of litigants or witnesses who do not know Arabic through an interpreter after…
- Article 15Judgments shall be rendered and enforced in the name of His Highness the Amir of Kuwait. Part Two: Supreme Judicial Council Article 16 (1) The Supreme Judicial Council…
- Article 16The Supreme Judicial Council shall be constituted under the chairmanship of the President of the Court of Cassation, with the membership of: 1- The Vice-President of the…
- Article 17The Supreme Judicial Council shall be competent to consider, at the request of the Minister of Justice, all matters relating to the appointment of judges and members of…
- Article 18The Supreme Judicial Council shall meet upon an invitation by its President. The invitation addressed to the members must be accompanied by an agenda. Its meeting shall…
- Article 19The following conditions are required of a person appointed to the judges: (a) To be a Muslim. (b) To be a Kuwaiti; if none is available, a national of an Arab State may…
- Article 20Appointment to the office of President of the Court of Cassation shall be from among members of the judiciary whose rank is not lower than counsellor, or members of the…
- Article 21Promotion of judges up to the first grade and of members of the Public Prosecution of equivalent status shall be based on seniority coupled with fitness. Otherwise,…
- Article 23The judiciary and members of the Public Prosecution, except those holding the grade of Deputy Prosecutor )C(, shall not be removable except in accordance with the…
- Article 24Before assuming their duties, judges shall take the following oath: I swear by Almighty God to judge justly between people and to respect the laws and regulations of the…
- Article 25A judge or member of the Public Prosecution may not be awarded decorations, medals, orders, collars, or anything else while holding office. Nor may judicial office be…
- Article 26A judge may not, without the approval of the Supreme Judicial Council, act as an arbitrator, even without remuneration and even if the dispute has not been brought…
- Article 27Judges and members of the Public Prosecution are prohibited from expressing political opinions. Standing as candidates in political elections is also prohibited, as is…
- Article 28Judges may not disclose the secrecy of deliberations.
- Article 29Judges related by blood or marriage up to the 4th degree may not sit in the same circuit. Nor may the representative of the Public Prosecution, the representative of a…
- Article 30A Judicial Inspection Department shall be established to inspect the work of the deputy presidents and judges of the Court of First Instance, and shall consist of a…
- Article 31Inspection shall be conducted at least once every two years, and competence shall be assessed at one of the following grades: Competent / Above average / Average / Below…
- Article 32The Minister of Justice may submit to the Supreme Judicial Council the matter of the deputy presidents of the Court of First Instance, judges, and members of the Public…
- Article 32 مكررThe resignation of a judge or member of the Prosecution shall be deemed accepted from the time of its submission, and shall not result in a reduction of the pension or…
- Article 33Without prejudice to the provisions of Articles )40( and )41( of the Civil Service Regulations, the Supreme Judicial Council shall issue a decision establishing the…
- Article 34The general assembly of each court shall organize during the vacation period, and designate the number of hearings, the days on which they are held, the cases heard…
- Article 35The Minister of Justice shall have the right to supervise the judiciary. The president of each court and its general assembly shall have the right to supervise the…
- Article 36The president of the court, on his own initiative or pursuant to a decision of its general assembly, shall have the right to admonish judges concerning conduct on their…
- Article 37Except in cases of flagrante delicto, no investigative measure or arrest may be undertaken, nor may criminal proceedings be instituted against a judge or against the…
- Article 38The Supreme Judicial Council shall have jurisdiction to consider the pretrial detention of a judge or member of the Public Prosecution and the renewal of such detention,…
- Article 39The imprisonment of a judge or member of the Public Prosecution pursuant to an order or judgment shall necessarily entail his suspension from performing the duties of…
- Article 40The disciplining of judges of all grades shall fall within the jurisdiction of a Disciplinary Council constituted of three counsellors of the Court of Cassation and two…
- Article 41The disciplinary summons shall be instituted by the Head of Judicial Inspection, at the request of the Minister of Justice or at the request of the president of the…
- Article 42Disciplinary proceedings shall be instituted by a statement containing the charge and the evidence supporting it, and submitted the Disciplinary Council to issue its…
- Article 43The Disciplinary Board may conduct such investigations as it considers necessary and may assign one of its members to do so.
- Article 44The Disciplinary Council or the member delegated by it to conduct the investigation shall have the authority vested in the courts with respect to witnesses whose…
- Article 45The hearings of the Disciplinary Council shall be confidential. The Council shall render judgment after hearing the requests of the Judicial Inspection and the defence…
- Article 46The disciplinary summons shall lapse upon the judge's resignation. The disciplinary action shall have no effect on the criminal or civil action arising from the same…
- Article 47The judgment rendered in the disciplinary action must contain the reasons on which it is based, and its reasons shall be read out when it is pronounced in a closed…
- Article 49The president of the court to which, not the judge, belongs shall notify him of the judgment issued against him by the Disciplinary Council within forty-eight hours of…
- Article 50The Cassation Circuit entrusted with hearing administrative appeals shall have jurisdiction to decide applications submitted by members of the judiciary and the Public…
Articles 51 – 10024
- Article 51The application shall be filed within thirty days from the date of publication of the challenged decision in the Official Gazette, its notification to the interested…
- Article 52The applicant shall personally undertake all procedures before the Circuit. He may submit his defence in writing or appoint a member of the judiciary other than a…
- Article 53The Public Prosecution shall exercise the powers vested in it by law and shall have the right to institute and conduct criminal proceedings, without prejudice to the…
- Article 54The Public Prosecution shall investigate the criminal case in accordance with the provisions of the preceding Article and may delegate judicial police officers to…
- Article 55Subject to the provisions of the preceding two articles, judicial police officers shall, in relation to the performance of their duties, be subordinate to the Public…
- Article 56The Public Prosecution shall supervise prisons and other places in which criminal judgments are executed. Article 57 (1) The functions of the Public Prosecution shall be…
- Article 57The functions of the Public Prosecution shall be performed by the Public Prosecutor and a sufficient number of First Advocates-General, Advocates-General, chief…
- Article 57 مكررA technical office for the Public Prosecutor shall be established, its functions to be determined by a decision of the Supreme Judicial Council upon the proposal of the…
- Article 58An independent public prosecution office shall be established at the Court of Cassation, called the Cassation Prosecution, to perform the functions of the Public…
- Article 59The Public Prosecution is indivisible, and any of its members shall act in place of the others, unless the law provides that a particular act or specified procedure…
- Article 60All members of the Public Prosecution shall be subordinate to the Public Prosecutor. The Public Prosecutor shall be subordinate to the Minister of Justice, except in…
- Article 61Appointment to the office of Public Prosecutor shall be by decree upon the submission of the Minister of Justice, after the approval of the Supreme Judicial Council,…
- Article 62Before assuming their duties, members of the Public Prosecution shall take the following oath: I swear by Almighty God to perform the duties of my office faithfully and…
- Article 63Transfer of members of the Public Prosecution to the judiciary and transfer of judges to the Public Prosecution shall be by decree upon the submission of the Minister of…
- Article 64The Minister of Justice shall have the right to monitor and supervise the Public Prosecution, and the Public Prosecutor shall have the right to monitor and supervise all…
- Article 65Each of the Minister of Justice and the Public Prosecutor may address an oral or written warning to a member of the Public Prosecution who breaches the duties of his…
- Article 66In disciplinary trials of members of the Public Prosecution, the provisions and procedures prescribed for disciplining judges and set out in Articles 40 to 49 of this…
- Article 67The Ministry of Justice shall appoint a sufficient number of employees to work in financial, administrative, and clerical affairs at the courts and the Public…
- Article 68The provisions issued by a decision of the Minister of Justice shall apply to the collection of judicial fees and fines, the safekeeping of deposits and funds held in…
- Article 69The necessary financial appropriations shall be allocated for the affairs of judges, the Public Prosecution and their auxiliary bodies. These appropriations shall be…
- Article 70The Minister of Justice shall be vested with all the powers of the Personnel Bureau stipulated in the laws and regulations, in relation to the affairs of the judiciary,…
- Article 71The Supreme Judicial Council shall prepare a report at the beginning of October each year, or whenever it considers it necessary, setting out deficiencies or ambiguities…
- Article 72An institute for judicial and legal studies shall be established by decree, upon the submission of the Minister of Justice and after obtaining the opinion of the Supreme…
- Article 73As an exception to the provisions of the aforementioned Decree-Law No. (42) of 1978, the Minister of Justice may, after obtaining the opinion of the Supreme Judicial…