Kuwait Court of Cassation principle number 449

The administrative judiciary may review the legality of the ground upon which an administrative decision was based. What matters in assessing this is consideration of the true ground on the basis of which it was issued, and establishment that it existed on the date of - 117 - Administrative issuance of the decision and was in fact, in the administrative authority’s assessment, the justification for issuing it. Matters arising subsequently are immaterial. The challenged judgment’s departure from this view. Vitiates it. Example. - Opening a pharmacy or practicing 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 license for lack of medical fitness. The committee’s decision being based on its ground at the time of issuance. Matters arising thereafter are immaterial.