Kuwait Court of Cassation principle number 928

The general rule is that an employee's taking leave is subject to the administrative authority's discretion without judicial review thereof. The exception: it has no latitude in this if its conduct entails depriving him in this regard contrary to the law, or if the law grants the employee the right to take leave at a specified time without dependence on the administrative authority's approval. This right arises only following his appointment to public office. The reason therefor: it is a right generated by it and a branch thereof. The implication thereof: the jurisdiction of the Administrative Circuit of the Court of First Instance to hear applications for annulment of administrative decisions appointing persons to public offices and for compensation in respect thereof necessarily and by implication includes its jurisdiction over these applications concerning mandatory leave. The reason therefor: the judge of the principal matter is the judge of the ancillary matter. What does not detract from this. An example concerning a claim for compensation for the administrative authority's refusal to grant leave to stand for Municipal Council elections pursuant to Laws 35 of 1962 and 5 of 2005. 7- Jurisdiction of the Leases Circuit of the Court of First Instance:-