Kuwait Court of Cassation principle number 319

The rule against retroactivity of administrative decisions is complemented by the rule requiring individuals to have knowledge of decisions liable to affect their legal positions. The reason: administrative decisions do not take effect against individuals unless they have complete and comprehensive knowledge of all their elements, by constructive knowledge through publication in the Official Gazette or government bulletins, or by certain knowledge. The effects of such knowledge for the individuals concerned commence from the date of knowledge of the administrative decision. The burden of proving such knowledge rests 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 upon which the administrative decision was based. The limit of this: verifying whether the conclusion reached by the decision can reasonably be inferred from foundations supporting it. - The characterization and description of the decision and the extent of its conformity with the reasons upon which it relied are questions of law in which the trial court's ruling is subject to review by the Court of Cassation. An example.