Kuwait Court of Cassation principle number 451

Annulment jurisdiction. The general rule is that the court’s jurisdiction is confined to examining the legality of the challenged decision. If its illegality is established, the court orders its annulment. In that event, it has no power to replace it with another decision achieving the same objective while avoiding what rendered it unlawful. The reason therefor. - Disproportionality between the violation and the sanction when reviewing the legality of a sanction decision activates annulment jurisdiction. The court’s annulment of the decision because it does not rest on its full factual basis. Its effect: the administrative authority regains its discretion to impose the appropriate sanction. - The arrangements regulated by the legislature in the field of employee discipline. Their objective: ensuring the regular operation of public services without excessive severity toward the employee that takes the sanction from legality into illegality.