Background

A claimant filed a case against the Ministry of Health (MofH) requesting that the court dismiss a decision and settle his occupational status from the date he had obtained Kuwaiti citizenship.

The court rejected the case.

The claimant appealed and the appeal court ruled that the decision be dismissed and that the MofH pay the claimant his dues to settle his status.

The MofH appealed by cassation.

Decision

Before the cassation court the MofH argued that the ruling had insufficient evidence of causation as the court had established its ruling based on the claimant having met the requirements of a Civil Service Council decision, but the claimant did not meet all the conditions of this decision.

The court held that this argument was valid as the case documents revealed that the claimant did not complete 11 years of service after gaining his degree, which did not fulfil the conditions of the decision.

The court therefore repealed the ruling.