KUWAIT:
In the first quarter of 2025, Kuwait embarked on a series of important legislative amendments and decisions aimed at bolstering its legal infrastructure and ensuring greater transparency, fairness, and adaptability in its justice system. These reforms are part of a comprehensive effort to modernize the country’s legal and judicial processes while addressing emerging challenges and advancing digital transformation.
One of the first significant steps taken was the approval of amendments to the Penal Code (Law No. 16 of 1960), which aimed to enhance the protection of public rights and increase deterrence for offenses that lead to injuries or deaths. The amendments raised financial penalties for manslaughter and accidental injury, introducing harsher punishments in cases where aggravating circumstances are involved. This move underscores Kuwait’s commitment to safeguarding public safety and holding individuals accountable for reckless behavior.
In tandem with the revisions to the Penal Code, the Code of Criminal Procedure underwent changes designed to streamline the judicial process. A key reform allowed for electronic notification of in-absentia judgments, facilitating quicker and more efficient communication of court decisions. This move was driven by the need to reduce delays in the delivery of notifications and to ensure that individuals convicted of crimes are properly informed of their sentences. These changes also aimed to minimize the risk of judgments expiring due to difficulties in serving notifications, ultimately speeding up the justice system.
Further strengthening the country’s legal framework, Kuwait introduced an amendment to the Bankruptcy Law (Law No. 71 of 2020), which reinstated the detention of uncooperative debtors who intentionally avoid fulfilling their financial obligations. This measure was designed to address the growing issue of financially capable debtors evading payment, reinforcing the government’s ability to hold individuals accountable for debts and obligations.
Fighting corruption
Kuwait also turned its attention to improving financial transparency in credit transactions through amendments to the Civil and Commercial Procedures Law (Decree No. 38 of 1980). These changes mandated that credit information companies be notified about debt defaults, and these defaults would be registered in the debtor’s credit records. This reform aimed to clarify the financial status of individuals and businesses, ensuring greater transparency in financial dealings and helping legal entities make informed decisions.
As part of its continued efforts to fight corruption, Kuwait took significant strides by strengthening the powers of the Anti-Corruption Authority (Nazaha). Amendments to Law No. 2 of 2016 expanded the legal framework to include the embezzlement of cooperative society funds as a criminal offense. This move was designed to protect shareholders’ investments and enhance oversight of public funds. Additionally, the reforms introduced e-filing for financial disclosures, making it easier for public servants to comply with transparency requirements, particularly those working abroad. These measures reflect Kuwait’s ongoing commitment to fighting corruption and ensuring public funds are managed responsibly.
The government also addressed the growing need for transparency in real estate transactions. In February 2025, the Minister of Justice issued Resolution No. 194 of 2025, which required that payments for official deeds, contracts, and mortgages be made through bank transfers or certified checks. This move aimed to combat money laundering and prevent fraudulent practices in real estate transactions, protecting both buyers and sellers from financial manipulation.
Another key amendment was the revision of administrative law under Decree-Law No. 94 of 2024, which set a value threshold for administrative cases brought before the Court of Cassation. This change was designed to reduce the caseload of the Court of Cassation, allowing it to focus on more significant legal matters and ensuring the unification of legal principles across the judicial system.
Faster, more accessible
In a further effort to enhance fairness and reduce delays in litigation, Decree-Law No. 104 of 2024 extended the period for appeals in criminal, civil, and commercial cases to 30 days. This reform was driven by practical challenges that had arisen due to delays in delivering judgments to litigants. By allowing more time to file appeals, the reform aimed to improve the fairness of the legal process and ensure that litigants had sufficient time to review decisions and take appropriate action.
Finally, to provide a modern and efficient environment for the judicial process, Kuwait inaugurated the new Palace of Justice in February 2025. The building was designed with advanced technological infrastructure to support Kuwait’s digital transformation in the legal sector. This new facility is expected to provide a more efficient environment for court procedures, ensuring faster and more accessible services for the public.
Together, these legislative amendments and decisions reflect Kuwait’s ongoing commitment to modernizing its justice system. By strengthening transparency, improving the efficiency of legal proceedings, and addressing emerging challenges, Kuwait is positioning itself as a leader in the region in terms of justice and legal reform. These changes represent significant steps toward ensuring that Kuwait’s legal system remains robust, equitable, and adaptable to the needs of its citizens in an increasingly digital world.
