Dastouriya Nullifies Conflict Of Interest Bylaw

02 May 2019 Kuwait

The Constitutional Court (Al-Dastouriya), chaired by Judge Yousef Al-Mutawa, has declared unconstitutional law number 13/2018 which prohibits conflict of interests and nullified the bylaw issued with decree number 293/2018.

 

The court affirmed that the law contradicts the principles on personal penalty, right of ownership, capital and freedom of business. The court finds the law ambiguous as it does not specify material and non-material interests that could emanate from personal and family relations.

The court added the law allows assumption or guessing in specifying those liable and this is unconstitutional. This came after Attorney Adel Abdul-Hadi, filed a petition against the National Assembly Speaker, minister of Justice, Awqaf and Islamic Affairs, and chairman of the Anti -Corruption Authority, protesting constitutionality of the aforementioned law from various perspectives.

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