S TAT E L E S S B Y D E C R E E
Scope of Kuwaiti Nationals Challenging
Revocation Decisions
Kuwait nationals have, infrequently, been able to challenge government practice in
relation to the implementation of laws (emphasis added), namely by asserting the
administrative character of citizenship revocation decisions made by the Supreme
Committee to Investigate Kuwaiti Citizenship or the Minister of Interior.
The Sabr news platform reported in May 2015 that a Court of First Instance,
Administrative Circuit, ruled that assertions and actions by the Ministry of Interior were
insufficient grounds for the revocation of a specific claimantʼs nationality. 64
In March 2016, the Court of Cassation overruled lower courtsʼ decisions in relation to the
implementation of citizenship revocation found that the governmentʼs conduct was not
act of sovereignty, but rather an act of administration, and that the GoK had wrongly
stripped the claimant (and his children) of his (their) nationality, possibly based on the
revocation of his fatherʼs citizenship. 65 A 24 March 2015 article in Kuwaitʼs al-Jarida
newspaper detailed the case. 66 Taken chronologically in terms of the legal challenge
mounted by the man, some of the key elements may include that:
•
Lower courts had ruled that they did not have jurisdiction in the case since the act of
citizenship stripping is sovereign; not administrative (unlike the Court of Cassation)
in Kuwait;
•
And that the claimant:
•
Was Kuwaiti by virtue of his father, who obtained citizenship three years before his
birth and not, himself, naturalised; and that he had a Kuwaiti wife and children;
•
Appealed the decision to strip him of his nationality but the government failed to
respond;
•
Asserted that the GoK had violated Article 27 of the Constitution, where revocation or
withdrawal of citizenship, except within the limits of the law as well as Article 166,
which guarantees the right of litigation (in relation to government decisions, for
example);
•
Submitted three separate, linked appeals to the Court of Cassation, which were taken
together and then ruled as one; and
•
Argued that the application of the law required, as per the Constitution, giving the
judiciary the right to monitor the legality of the administrative (emphasis added)
decisions and to demonstrate their compliance with the law.
In February 2021, however, one report described how the Constitutional Court rejected (to
consider) an appeal addressing the eligibility of individuals for citizenship where alleged
proof of the eligibility emerged after the deadline provided for in the 1959 Nationality
Law. 67
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