Kuwait Court of Cassation principle number 171

The administrative authority is not on an equal footing with individuals in expressing freedom of will in concluding administrative contracts. The rationale. In doing so, it is bound to follow procedures and formalities prescribed by the legislature in laws and regulations to ensure the public interest. - The General Secretariat of Awqaf. Its exclusive competence over all matters relating to endowments, including management and investment of their assets. - The Endowment Resources Committee. Its competence does not extend beyond formulating policies for investing endowment funds and monitoring implementation of plans prepared in this regard. Decisions issued by that committee are mere recommendations and do not express the final will of the administrative authority, which belongs to the General Secretariat of Awqaf alone. The judgment’s departure therefrom and its reliance upon the contents of the minutes of that committee’s meeting concerning determination of a rental value for leased premises, and its treating this as constituting an expression of the will of the General Secretariat of Awqaf. An error in applying the law requiring its cassation.