KCC 2/2022
This case involved decree which had removed Kuwaiti citizenship from a woman and her father. Citizenship had then been returned to the woman's father but not to her. A key issue was whether a case of this nature fell under judicial oversight.
Background
A claimant filed a case against the deputy minister of interior before the court. She requested the court to dismiss the decree by which the Kuwaiti citizenship had been removed from her father and her. She said that the citizenship has been returned to her father but not to her.
The civil court referred the case to the administrative court.
The administrative court said that the consideration of the case did not fall under its jurisdiction.
The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The claimant appealed the ruling before the court of cassation.
Decision
The administrative department referred the appeal to the general authority of civil and commercial provisions. The general authority said that issues related to the citizenship fell within the sovereignty actions according to Article 2 of Kuwait Royal Decree No. 23/1990 and therefore it should not fall within judicial oversight.