Kuwait Court of Cassation principle number 279

The rule of non-retroactivity of administrative decisions is complemented by the rule requiring individuals’ knowledge of decisions capable of affecting their legal statuses. The reason for this: administrative decisions are not effective against individuals unless they have complete and comprehensive knowledge of all their elements, whether constructive knowledge through publication in the Official Gazette or government bulletins, or certain knowledge. The effects of this knowledge for the individuals concerned begin from the date of knowledge of the administrative decision. The burden of proving this knowledge falls upon the administration. Its inability to prove it. Knowledge is deemed not to exist on the part of those addressed by it. - The administrative judiciary may examine the facts on which the administrative decision was based. The limit thereof: ascertaining whether the conclusion reached by the decision can reasonably be inferred from underlying grounds that produce it. - The legal characterization and description of the decision and the extent of its conformity with the grounds upon which it relied are questions of law in respect of which the trial court’s ruling is subject to review by the Court of Cassation. Example. - Equality in administrative decisions:-