Kuwait Court of Cassation principle number 218

The administrative decision. It must rest upon a ground justifying it in fact and in law. The ground of an administrative decision. Its nature. - The administrative judiciary may review the legality of the ground upon which the administrative decision was based. What matters in assessing this is consideration of the actual ground on which it was issued, and proof that it existed on the date the decision was issued and that it was in fact the justification, in the administrative authority's assessment, for issuing it. Subsequent developments are immaterial. The challenged judgment's departure from this view. Vitiates it. Example. - Opening a pharmacy or practising the pharmacy profession in the private sector. Its condition. Medical fitness by a decision of the competent medical committee at the Ministry of Health. The committee's refusal of the licence for lack of medical fitness. The committee's decision resting upon its ground at the time of its issuance. Subsequent developments are immaterial.