Kuwait Court of Cassation principle number 925

Assignment of a particular competence to an administrative authority pursuant to law. Its effect. It may not be relinquished or delegated. The reason therefor: 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 this case, the delegation must be specific, not total, and clear and unambiguous. It may not be presumed by implication. - 540 - Civil Procedure - Referral of holders of positions in the leadership and general occupational groups for investigation may only be by a decision of the Minister. Neither the Undersecretary nor the Assistant Undersecretary may exercise this competence except pursuant to an express written decision issued by the Minister and within the limits he prescribes in the interests of the work. - Permissibility of delegation to the lower level. Its meaning: delegation of competence must not bypass that level to ever lower levels without end. It must be confined to the immediately lower level. An example.