KCC 511/2000

This case involved a contested promotion decision. A key point was whether this should be considered by the administrative court,

Background

A claimant filed a case against a defendant on his capacity before the court. She requested the court to order the defendant to dismiss a promotion decision which had been made to the interest of a third party. She said that she deserved the position to which the person was promoted.

The court ruled that the promotion decision should be dismissed.

The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the appealed ruling had erred in the application of law and had insufficient evidence of causation. He said that he maintained before the court that the administrative court did not have the right to consider the case because the decision was not a promotion for a certain person and it was made to manage the workflow in the Kuwaiti Parliament but the court dismissed this defence.

Decision