Kuwait Court of Cassation principle number 139

The general rule is that an employee’s taking leave is subject to the administrative authority’s discretion, without judicial review thereof. Exception: it has no power in this regard if its conduct involves depriving him in this respect contrary to law or the law grants the employee the right only following his appointment to public office. Reason therefor: it is a right arising from it and a branch thereof. Implication thereof: the jurisdiction of the Administrative Circuit of the Court of First Instance to hear applications for annulment of administrative decisions issued concerning appointment to public offices and compensation therefor necessarily and by implication includes its jurisdiction over these applications concerning mandatory leave. Reason therefor: the judge of the principal matter is the judge of the ancillary matter. What does not detract from this. Example concerning a claim for compensation for the administrative authority’s refusal to grant leave to stand for Municipal Council elections pursuant to Law 356 of 1962, 5 of 2005.