Kuwait Court of Cassation principle number 1139

Annulment jurisdiction. The general rule is that the court's jurisdiction is confined to examining the legality of the challenged decision. If its illegality is established, it rules to annul it. In this case, it has no power to replace it with another decision achieving the same objective and avoiding what led to its illegality. The reason for this. - Inferring proportionality between the violation and the penalty when reviewing the legality of the penalty decision is a matter that invokes the jurisdiction of the annulment court. The court's ruling to annul the decision because it is not based on its full grounds. Its effect: the administrative authority's eliciting its discretionary power to impose the appropriate penalty. - The arrangements regulated by the legislature in the field of disciplining employees. Their objective: ensuring the regular operation of public services without excessive harshness towards the employee such as takes the penalty out of the scope of legality onto illegality.