Kuwait Judicial Organisation Law: Decree-Law 80 of 2026

Decree-Law No. 80 of 2026 issuing the Judicial Organisation Law was issued on 26 August 2026 and restructures Kuwait’s judiciary. It runs to 75 articles across six chapters and fourteen sections, sets out the court hierarchy, reconstitutes the Supreme Judicial Council, and for the first time expressly permits electronic hearings. In this article, Attorney Meshari Obeid Alenezi explains what it contains and what it means for litigants.

Structure and commencement

• Issued: 13 Rabi al-Awwal 1448 AH, corresponding to 26 August 2026.
• In force: from publication in the Official Gazette.
• Chapter one — the courts: Articles 1 to 16 in four sections.
• Chapter two — the Supreme Judicial Council: Articles 17 to 19.
• Chapter three — judges: Articles 20 to 53 in seven sections.
• Chapter four — the public prosecution: Articles 54 to 67 in three sections.
• Chapters five and six: staff, Articles 68 and 69, and final provisions, Articles 70 to 75.

The court hierarchy under Article 3

Level	Court	Role
First	Summary court	First instance in the claims the law assigns to it
Second	Court of First Instance	First instance, and appeals from the summary court
Third	Court of Appeal	Appeals from the Court of First Instance
Fourth	Court of Cassation	Review of the application of law

• Geographic spread: the law provides for summary courts in every governorate.
• Practical effect: shorter travel and lower cost in smaller claims, and relief for the central court complex.

Electronic litigation — Article 14

• Express permission: hearings may be held, witnesses heard and judicial steps taken by electronic means, without prejudice to fair trial guarantees.
• Publicity: the requirement that hearings be public is satisfied where they are conducted electronically, which settles a point previously debated.
• Implementation: the controls are set by decisions of the Minister of Justice, so the courts and case types covered depend on those decisions.
• Benefit to parties: a witness resident abroad can be heard without travelling, and adjournments caused by inability to attend should fall.

The Supreme Judicial Council

• Composition: seven members — the President of the Court of Cassation as chair, his deputy, the President of the Court of Appeal, the Public Prosecutor, the Deputy President of the Court of Appeal, the President of the Court of First Instance, and the Undersecretary of the Ministry of Justice.
• Quorum: not fewer than five members, with an exception allowing four where four members so request.
• Function: appointment, promotion, secondment and discipline of judges.

Judges: appointment, promotion, inspection and discipline

• President of the Court of Cassation (Article 21): requires experience at the rank of senior counsellor for not less than five years; appointed for four years, renewable once or until retirement age.
• Rotation: the office may not be held again until four years have passed since the last tenure ended.
• Promotion (Article 22): on seniority with fitness, requiring an efficiency rating of at least “above average”, with the possibility of being passed over after written warnings or failure in training.
• Judicial inspection (Articles 31 to 33): two inspection departments, one over appeal and first instance counsellors and one over public advocates and prosecutors. Ratings are competent, above average, average and below average. First instance deputies are inspected at least once every two years.
• Discipline (Articles 36 to 50): the disciplinary penalties are confined to reprimand and dismissal. The disciplinary board comprises three senior counsellors and two counsellors of the Court of Appeal.
• Disciplinary appeal (Article 48): to one of the administrative circuits of the Court of Cassation within sixty days.

Public prosecution and transitional provisions

• Article 62: the Public Prosecutor and assistant deputies are appointed by decree for four years, renewable, and must hold at least the rank of senior counsellor with five years of judicial service.
• Kuwaitisation: a period of five years from the law coming into force.
• Non-Kuwaiti judges: continue to the end of their secondment, subject to a maximum of five years.
• Transitional: deputies of the two courts move to the rank of senior counsellor, the First Public Advocate moves to assistant public prosecutor, and holders of office before commencement continue until the new decrees issue.

Frequently asked questions

Does this law affect my pending case?

The law governs the structure of the judiciary and the affairs of its members rather than the rules of procedure, so pending cases continue before their courts. Redistribution of circuits and the creation of summary courts in the governorates may result in a case being transferred to another competent court, which is worth monitoring so that no deadline is missed.

Can I ask for my hearing to be held remotely?

Article 14 permits electronic hearings, but implementation depends on decisions of the Minister of Justice identifying the courts, case types and technical controls. The request is made to the court and assessed against those controls, so it is not an absolute right of a party.

Have the routes of appeal changed?

The four-tier structure is preserved, so appeal and cassation remain as provided in the Civil and Commercial Procedure Law. The changes here are institutional. Separately, however, the procedure law itself was amended three times in 2025, and it is those amendments that changed deadlines and thresholds.

What is the practical benefit of summary courts in every governorate?

Reduced time and cost, particularly in small claims and minor offences, and less congestion in the central circuits, which in turn should bring hearing dates closer together.

If you have a dispute in Kuwait and want to understand how the new judicial framework affects it, you may book an appointment with the office of Attorney Meshari Obeid Alenezi or call 22204490.

Disclaimer: this article provides general legal information and is not a substitute for specialised legal advice.