The office of public prosecution said in its appeal that the court's failure to announce the ruling had erred in the application of law. The office said that the litigant was convicted of kidnapping for purposes of indecent assault. The office said that the penalty for this crime was death and therefore the court was obliged to announce the ruling in accordance with Article 81(1) of Kuwait Law No. 16/1960.

The court of cassation said that this argument was valid. The court said that Article 81(1) of Kuwait Law No. 16/1960 stipulated that the non-announcement of the penalty only existed in the crime for which the penalty was imprisonment. The court said that the court therefore established its ruling on the grounds of an invalid base.

The court repealed the ruling