Kuwait Court of Cassation principle number 549

Assignment of a particular competence to an administrative authority by law. Its effect: it may neither be relinquished nor delegated. The reason: exercising the competence is a duty incumbent upon it, not a right belonging to it. Exceptionally, competence may be delegated where the law permits this. In that case, the delegation must be specific, not total, and clear and unambiguous. It may not be implicitly presumed. - Referral of holders of positions in the leadership and general job groups for investigation may only be by decision of the Minister. The Ministry’s Undersecretary or Assistant Undersecretary may not exercise this competence except upon issuance of an express written decision by the Minister and within the limits he determines in accordance with the interests of the work. - Permissibility of delegation to the lower level. Its meaning: delegation of competence must not go beyond this level to still lower levels indefinitely. It must remain within the immediately lower level. An example.