Kuwait Court of Cassation principle number 540

The assignment of a particular competence to an administrative authority by law. Its effect: it may not be relinquished or delegated. The reason thereof: exercising that competence is a duty upon it, not a right belonging to it. Exceptionally, competence may be delegated where the law permits it. In that case, the delegation must be specific, not total, and clear and unambiguous. It may not be presumed implicitly. - Referral of holders of positions in the leadership and general job groups for investigation may occur only by a decision of the Minister. Neither the Ministry's Undersecretary nor the Assistant Undersecretary may exercise this competence except upon an express written decision issued by the Minister and within the limits he determines in the interests of the work. - Delegation to the lower level being permissible. Its meaning: delegation of competence must not extend beyond that level - 118 - The law to levels beneath it indefinitely. It must be confined to the immediately lower level. An example.