Decree-Law No. 80/2026, published in the official gazette Kuwait Al-Youm, promulgates the new Law Regulating the Judiciary that replaces legislation dating to 1990. The decree includes transitional provisions on ranks and positions together with the mechanism for appointing several senior judicial officials. Those holding the rank of deputy judge at the Court of Cassation and the Court of Appeals transfer to senior counselor until the end of their service while first counselors assume expanded powers previously exercised by deputy attorneys.
The legislation establishes an 11-member Unification of Principles Panel at the Court of Cassation that can be convened by the court president or technical office to issue binding rulings on legal interpretations. This mechanism no longer requires two conflicting judgments before activation, broadening its application beyond the prior framework. The decree-law stated that such unification would promote consistency across chambers and reduce uncertainty for litigants and businesses.
The Court of Cassation carried a backlog of more than 81,000 appeals in July 2025, Kuwait Times reported. To accelerate resolutions the law allows experienced Court of Appeals counselors to receive temporary assignments to cassation duties. Legal expert Dr Ahmed Al-Khudeir said on Kuwait Television, “Delayed justice is denied justice.”
The new statute imposes a five-year ceiling for the complete Kuwaitization of the judiciary and Public Prosecution starting from its effective date, as outlined in the decree. Only Kuwaitis by origin may receive future judicial appointments although non-Kuwaiti judges currently serving on secondment may finish their contracts within the transition window. This provision forms part of a structured nationalization plan that includes adjustments to prosecution ranks and responsibilities.
Senior positions such as the president of the Court of Cassation, the president of the Court of Appeals and the attorney general now operate under four-year renewable terms with a mandatory four-year interval before any reappointment, according to the new law. A dedicated Cassation Prosecution office will deliver independent opinions on appeals prior to adjudication. The legislation further bars judges from political activity and from posting about their official work on social media.
The regulatory text noted that the reforms also facilitate online hearings and other efficiencies to modernize court operations. The Minister of Justice described the overhaul as the largest the Kuwaiti judiciary has seen in decades, a Wefaq Law analysis indicated. The decree took immediate effect upon its publication in the official gazette supplement.
