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The publication of Decree-Law No. 80/2026 on August 27, 2026, in a supplement to Kuwait Al-Youm initiated the legal framework for regulating the judiciary and Public Prosecution while commencing the five-year Kuwaitization process, Arab Times reported citing Al-Seyassah daily. The decree incorporates transitional provisions that address judicial ranks and positions, outline appointment procedures for senior officials and set the maximum five-year period for replacing non-Kuwaiti judges and prosecutors. Kuwaiti personnel appointed before the law’s entry into force will continue serving until retirement, the text states.
Under Article 5 of the decree, the Minister of Justice must work with the Supreme Judicial Council to issue decisions that gradually Kuwaitize the judiciary and Public Prosecution over the coming five years from the effective date. Non-Kuwaiti judges and prosecution members on contract or secondment may finish their current terms or permitted renewals but cannot remain beyond the five-year limit in any circumstance. This structured approach ensures continuity of court operations during the transition, according to the published legislation.
Additional articles transfer deputy judges at the Court of Cassation and Court of Appeals to the rank of senior counselor immediately upon the decree’s effect, with first counselors assuming the associated powers and jurisdictions. The president of the Court of Cassation will receive a salary equivalent to that of a minister along with all related allowances, while other senior roles receive compensation aligned with Court of Appeal scales. Those already in senior positions prior to the law will continue their duties until new appointment decrees are issued following recommendations from the Minister of Justice after Supreme Judicial Council consultation.
The legislation allows existing judicial bodies, including the Technical Office of the Court of Cassation, the Judicial Inspection Departments and the Kuwait Institute for Judicial and Legal Studies, to operate under their current mandates until they are reorganized in accordance with the new law’s provisions. Promotions for advisors and equivalent Public Prosecution ranks appointed before the decree will not require performance evaluations, and pre-existing applications will continue to be handled by the relevant department at the Court of Cassation. Decree-Law No. 23/1990 and any contradictory regulations have been repealed as part of the update.
The move formalizes earlier directives from His Highness the Amir Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, who in March 2025 urged the Supreme Judicial Council to complete Kuwaitization of the judiciary within five years, a Times Kuwait report from the time indicated. Judicial sources told the newspaper that the council had approved the timeline proposed in a draft law from the Ministry of Justice, noting that the judiciary and Public Prosecution then employed approximately 1,400 staff with non-Kuwaitis accounting for about 30 percent. Subsequent implementation reduced that share, with the Ministry of Justice reporting in September 2025 that non-Kuwaiti judicial members had decreased to 17.9 percent after ending contracts for 69 foreign judges.
Minister of Justice Counselor Nasser Al-Sumait stated in July 2026 that Kuwaiti representation in the judiciary had reached 87 percent following further phases of the replacement plan, according to an Arab Times article quoting a KUNA statement. The minister highlighted the phased strategy’s aim to achieve full national self-sufficiency by October 2030 while expressing appreciation for the contributions of departing expatriate judges. The new decree provides the statutory basis to conclude the Kuwaitization within the specified five-year window from its publication date.
