Kuwait Court of Cassation principle number 152

Summary: - The Code of Procedure. Its application in cases where a judge is disqualified from hearing the case. Article 173 of the Code of Criminal Procedure and Trials. - A judge is disqualified from hearing a case whenever there is a relationship by blood or marriage up to the fourth degree between him and one of the judges of the panel hearing the case at the same stage of litigation. - The existence of a blood relationship between the presiding judge of the panel that issued the challenged judgment and the presiding judge of the panel that issued the judgment under appeal in the case. It does not constitute a ground for disqualifying the presiding judge of the appellate panel. Rule: The import of Article 173 of the Code of Criminal Procedure and Trials is that the provisions of the Code of Civil and Commercial Procedure are applicable in cases where a judge is disqualified from hearing the case. It is established under paragraph (e) of Article 102 of the Code of Procedure that a judge is disqualified from hearing a case if there is a relationship by blood or marriage up to the fourth degree between him and one of the judges of the panel. This means that a judge is disqualified from hearing a case whenever there is a relationship by blood or marriage up to the fourth degree between him and one of the judges of the panel hearing the case at the same stage of litigation. However, even assuming the existence of a blood relationship between the presiding judge of the panel that issued the challenged judgment and the presiding judge of the panel that issued the judgment under appeal in the present case, this does not constitute a ground for disqualifying the presiding judge of the Court of Appeal panel that issued the challenged judgment. The appellant’s objection in this regard is therefore inadmissible.