Article 19 of Judicial Organisation Law

The 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 be appointed. (c) To have full legal capacity and not to have been convicted judicially or disciplinarily of a matter prejudicial to honour or trustworthiness. (d) To be of commendable conduct and good reputation. (e) To hold a degree in law or Sharia, or an equivalent higher degree. Article 20 (1) Appointment to the post 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 Public Prosecution of equivalent rank, provided that the appointee has previously served in the judiciary and has held that rank for not less than ten years. The Vice-President of the Court of Cassation, the President of the Court of Appeal, the Deputy President of the Court of Appeal and the President of the Court of First Instance shall be appointed from among members of the judiciary whose ranks are not lower than counsellor or persons of equivalent rank who have spent not less than ten years in that rank. In all cases, appointment shall be by decree upon the submission of the Minister of Justice, after obtaining the opinion of the Supreme Judicial Council, for four years from the date of appointment, renewable for one term or for the remaining period until the prescribed retirement age, whichever is sooner. A person whose term of appointment ends may return to judicial work in accordance with the order of seniority held before appointment to the post. Appointment and promotion to other judicial posts shall be by decree upon the submission of the Minister of Justice and the approval of the Supreme Judicial Council. The Deputy Presidents of the Court of Cassation, the Deputy Presidents of the Court of Appeal and the Vice-President of the Court of First Instance shall be appointed from among members of the judiciary with not less than twenty-five consecutive years of service, including at least ten years at the rank of counsellor or equivalent, without prejudice to each person's order of seniority upon appointment to the judiciary. Appointment shall be by decree upon the submission of the Minister of Justice after the approval of the Supreme Judicial Council. Appointment and promotion to other judicial posts shall be by decree upon the submission of the Minister of Justice and the approval of the Supreme Judicial Council. Article 21 (2) Promotion of judges up to the first grade and their equivalents among members of the Public Prosecution shall be (1) The article was amended pursuant to Law No. 10 of 1996 and Law No. 69 of 2003. (2) The article was amended pursuant to Law No. 10 of 1996 and Law No. 2 of 2003. Home Page - 707 - Law Index Law on the Organisation of the Judiciary Decree-Law No. 23 of 1990 concerning the Organisation of the Judiciary on the basis of seniority with fitness. Otherwise, promotion to other posts shall be by selection. In all cases, promotion may only be to the immediately next grade, provided that the candidate has received two consecutive reports in which the proficiency rating is not lower than above average. A judge or member of the Public Prosecution may be passed over for promotion in any of the following cases: a- If censured by the Disciplinary Council. b- If issued a written warning pursuant to Articles (65, 36) of this Law. c- If the training courses have not been passed in accordance with the criteria and conditions laid down by the Supreme Judicial Council in this regard.