Decree-Law No. 68 of 2026, published Sunday in Al-Kuwait Al-Youm, modifies the first paragraph of Article 297 of the Civil and Commercial Procedures Law that was originally issued under Decree-Law No. 38 of 1980. The amendment replaces restrictive language limiting authority to subordinate judges with broader wording that permits any qualified judge in the court to handle such orders once selected by the court’s General Assembly. A accompanying explanatory memorandum highlighted how the prior constraints frequently caused delays because of rising application volumes and an insufficient number of deputy judges available in certain instances.
The explanatory memorandum accompanying the decree-law noted that authority had been confined to the Director of the Execution Department along with deputy judges at the Court of First Instance, a structure that proved inadequate as caseloads increased. Judicial figures cited in local reporting placed travel ban requests at 42,662 during one recent seven-month period while arrest warrants for debtors reached 12,325 in the same span, illustrating the systemic pressures that prompted the reform. According to the memorandum the absence of eligible judges at some courts left applications pending for extended periods without resolution.
Decree-Law No. 68 of 2026 was issued under the legislative framework established by the Amiri Order of May 10, 2024, which empowers the government to enact laws by decree when necessary. The new provisions allow the General Assembly to designate appropriate judges from the Court of First Instance so that travel ban applications can be decided immediately upon submission rather than awaiting a narrow group of officials. A judicial assessment found that this adjustment would eliminate previous bottlenecks and ensure consistent handling across all relevant cases.
Article Two of the decree-law directs relevant ministers to implement its provisions within their areas of responsibility, with the legislation entering into force on the date of publication in the official gazette. The change applies specifically to procedures for imposing travel bans on debtors as outlined in the amended Article 297, maintaining the underlying legal conditions for such orders while streamlining approvals. Kuwait’s judicial system has managed a steady stream of civil and commercial disputes in recent years, many of which involve financial obligations that can trigger these restrictions.
The Directorate General of Residency Affairs and related executive bodies routinely enforce travel bans once issued, affecting both citizens and the expatriate population that the Public Authority for Civil Information places at approximately 3.3 million people. Earlier limitations under the 1980 law had required specific judicial ranks that were not always present, particularly during periods of high demand for such measures. The decree-law therefore represents a targeted procedural update designed to align judicial capacity with actual caseload requirements.
Implementation of the amended rules will fall to the Ministry of Justice and the courts, where the General Assembly will now select qualified judges to review and approve travel ban applications without the former rank restrictions. The explanatory memorandum stressed that prompt decisions would support the overall efficiency of the execution department in civil matters. This reform arrives as Kuwait continues broader efforts to modernize its legal framework for handling commercial and financial cases.
