Kuwait Court of Cassation principle number 86

The existence of a special law. Its effect. No recourse to the provisions of the general law except as to provisions omitted by the special law. The reason therefor. It is impermissible to disregard the special in order to apply the general, as this contradicts the purpose for which the special law was enacted. - Establishment of the Audit Bureau. Its purpose: achieving effective oversight of public funds. - Attaching the Audit Bureau to the National Assembly. Its objective. Ensuring independence and safeguards for its employees and shielding them from suspected influence. - The President of the Audit Bureau. His empowerment with the powers conferred by laws and regulations on a minister in relation to his ministry’s employees; he has the authority conferred on the Minister of Finance in relation to the Bureau’s budget, organization and management of its work; he may approve promotions of technical employees without obtaining the Civil Service Bureau’s approval; and he chairs a supreme committee having the powers conferred by laws and regulations on the Civil Service Council and the Civil Service Bureau in employment matters concerning all civilian State employees. - The legislature singled out the Audit Bureau for exceptional provisions in certain matters concerning its employees. Its necessary consequence. Adherence thereto without invoking what is stated in the Civil Service Law or Regulations. - 30 - Administrative