Kuwait Court of Cassation principle number 258

The Civil Service Council. Its competence, upon the proposal of the Personnel Bureau, to determine the rules, provisions and conditions for granting work-nature allowances and incentives. - The administration's obligation to follow the rule of equality in administrative decisions, which presupposes identical legal positions, may not be invoked to compel it to take a particular decision by analogy with an erroneous decision it issued. The reason for this. Issuance of a defective decision does not confer lawfulness upon it or cleanse it of the defects that tainted it. It may not be taken into account when issuing another decision or incorporated as one of its elements, because a violation of the law does not justify persisting in error, as that conflicts with the proper functioning of the administration and the principle of legality. A judgment's departure from this. An error in the application of the law requiring its cassation. Example.