Kuwait Court of Cassation principle number 823

The Law of Procedure. Its application to cases in which a judge is disqualified from hearing the action, cases in which his recusal may be sought, and recusal procedures. Article 173 of the Law of Procedure. - If the judge has given an opinion in the action, pleaded on behalf of a litigant, or written concerning it—even before entering the judiciary—or has previously heard the action as a judge, expert or arbitrator, or testified in it—his work and judgment are invalid even if no litigant seeks his recusal. Article 102/f of the Civil and Commercial Procedure Law. The reason for this. - The judge's participation in the decision issued against the appellant by the Lawyers' Disciplinary Committee, in his capacity as a judicial receiver, finding lack of jurisdiction—without considering the merits—does not constitute a ground for disqualification when hearing the grievance against the Public Prosecution's decision to close the investigation concerning the appellant, by setting it aside and returning - 294 - Criminal Procedures and Trials the papers to the Public Prosecution, nor does it invalidate the procedures initiating the action or the judgment issued in the criminal action.