KCONC 1/2019
This case involved litigation which involved a Minister and co-defendants and the levels of litigation required.
Background
It was alleged that the former Minister of Health, two civil servants, and an executive illegally contracted to provide services for Kuwait Embassy's Health Office in Washington DC without informing the State Audit Bureau, in order to avoid its prior oversight.
A motion by the co-defendant of a minister charged with a criminal case argued that certain Articles of the Ministers' Trial Law Kuwait Law No. 88/1995 were unconstitutional.
This law grants the Ministers' Court exclusive jurisdiction over the criminal trials of ministers and their co-defendants.
However, as the law only allows for one appeal of the court's judgments, the minister's co-defendant argued that they had been unconstitutionally denied the procedural guarantees of an extra appellate stage.
It was also argued that the special prosecutorial provisions of the law went against the Constitution's express language which granted all prosecutorial activities to the Attorney General. The law, however, established a special investigatory committee to conduct prosecutions.