Decree-Law No. 80 of 2026 establishes a five-year ceiling from its effective date for the gradual Kuwaitization of judicial and Public Prosecution positions, according to the text published in the official gazette Kuwait Al-Youm. The measure directs the Minister of Justice to issue implementing decisions in cooperation with the Supreme Judicial Council, ensuring a phased transition that maintains operational continuity. Existing judicial offices and departments will continue performing their functions until reorganized under the new law, the decree states. Kuwaiti judges and Public Prosecution members appointed before the decree’s issuance will remain in place until the end of their service, the transitional provisions specify. Non-Kuwaiti personnel serving under contracts or secondment arrangements may complete their current terms or permitted renewals but cannot extend beyond the five-year limit.
The legislation forms part of a wider reorganization of the judiciary that updates rules governing appointments, promotions and the powers of the Supreme Judicial Council, a Ministry of Justice summary issued after Cabinet approval noted. It introduces fixed four-year terms for senior administrative judicial positions, renewable once, to promote succession of expertise while safeguarding independence. Oversight, disciplinary procedures and litigants’ guarantees receive strengthened provisions under the new framework. Electronic trials and procedures gain formal regulation to align with technological advances, the law adds. Minister of Justice Counselor Nasser Al-Sumait described the package as the largest reform the judiciary has witnessed, according to his statement following the decree’s promulgation.
Kuwait’s judiciary currently employs around 1,400 judges and prosecutors, Central Statistical Bureau figures from 2025 show. Foreign judges previously represented roughly 30 percent of the total but reached as high as 90 percent in the Court of Cassation, a Supreme Judicial Council assessment from early 2025 indicated. The Kuwaitization drive responds to directives from Amir Sheikh Mishal Al-Ahmad Al-Jaber Al-Sabah to prioritize national cadres across the justice system, Al-Sumait told the Kuwait News Agency in related announcements. Earlier phases of the replacement plan ended the secondment of 82 non-Kuwaiti members, lifting the Kuwaiti share to 87 percent by September 2026, ministry data released in July 2026 confirmed.
The five-year cap in the new decree aligns with but formalizes the timeline outlined in prior ministry planning that targeted full nationalization by October 2030, according to statements Al-Sumait provided to KUNA. Support roles including court clerks, legal researchers and administrative coordinators have already undergone Kuwaitization in separate phases completed by the end of 2026, an undersecretary’s briefing to the news agency detailed. The General Department of Experts achieved 100 percent national staffing in August 2026 after terminating remaining non-Kuwaiti contracts, the ministry reported. These parallel efforts have reduced reliance on expatriate expertise while expanding training programs for Kuwaiti graduates of law faculties.
Implementation will require recruitment and qualification of additional Kuwaiti professionals to fill vacancies created by the transition, Supreme Judicial Council planning documents from 2025 projected. The decree explicitly preserves certain promotion and transfer pathways for qualified Kuwaitis to accelerate their advancement into senior roles. Coordination between the Ministry of Justice and the Supreme Judicial Council will determine the exact pace of each phase to avoid disruption to court operations. The reforms also amend related provisions in the Nationality Law and establish economic courts as part of the broader modernization package approved by the Cabinet in mid-August 2026.
