Kuwait Court of Cassation principle number 1252

A ruling that Civil Service Council Decision No. (5) of 2003 is unconstitutional. Its effect: invalidating it, terminating its enforceability and deeming it never to have existed. Everyone and all courts are bound thereby. Articles (173) of the Constitution and (1) of Law 14 of 1973 concerning the establishment of the Constitutional Court. The issuance of the challenged judgment before the issuance of the aforementioned Constitutional Court judgment, and the application of the provision contained in Article (15 bis) of Decree-Law No. 15 of 1979 to the Assistant Undersecretary at the Audit Bureau on the basis of Legislative Interpretation No. (5) of 2003, an approach differing from what the Constitutional Court judgment disclosed, and the consequent finding that the challenged decision was lawful. This vitiates it and requires its cassation.