Kuwait Court of Cassation principle number 186

Summary: - An administrative decision’s susceptibility to an administrative grievance does not affect its finality. Reason: finality means the exhaustion of the stages of the administrative hierarchy. - The legislative rationale for the system of grievances against administrative decisions. Its reason. Giving the administration an opportunity to review its own position by reconsidering the decision so as to return to the correct course before recourse to judicial challenge. - Where the administration has exhausted its authority by issuing the administrative decision definitively, or there is no superior authority empowered to review its issuance, a grievance becomes futile and its rationale ceases to exist. Rule: It is established in this Court’s jurisprudence that, for an administrative decision to satisfy its constituent requirements and elements, it is sufficient that it be effective upon its issuance by the administrative authority empowered to issue it, without requiring approval by a higher authority, thereby acquiring finality. Its susceptibility to a grievance does not affect the decision’s finality, since finality means the exhaustion of the stages of the administrative hierarchy. It is also established that the legislative rationale for the system of grievances against a decision to the body that issued it or its superior authority—as an objection to it by a person whose interests the decision has affected—is for the administration to review its own position by reconsidering it so as to return to what is right and correct before recourse to judicial challenge. However, if the administration has exhausted its authority by issuing it definitively, or because there is no superior authority empowered to review its issuer, the grievance becomes futile and its rationale ceases to exist.