Compensation for unlawful administrative decisions in Kuwait – Prepared by Attorney Khaled Mufrej Al-Dalmani

Compensation for unlawful administrative decisions is one of the most sensitive topics in Kuwaiti administrative law, given its direct connection to individual rights and the protection of legal standing. The judiciary bases its determination of compensation on a well-established principle:

"Every administrative error that causes harm necessitates compensation." This study presents the legal controls and judicial rulings that regulate the administration's responsibility for its unlawful decisions.

First: The concept of administrative responsibility

Administrative responsibility is established when it is issued by a government entity:

• Unlawful decision.
• Or passive abstention,
• Or an attached error.
  This results in direct harm to the concerned party.

Bad faith is not required to prove liability; it is sufficient that there is a mistake, damage, and a causal relationship.

Second: Types of decisions that warrant compensation

Administrative responsibility encompasses a range of decisions, the most important of which are:

• Dismissal or termination decisions that violate the law.
• Refusal to grant promotions or disburse entitlements.
• Decisions issued by an incompetent authority.
• Decisions based on incorrect information.
• Deviant or malicious decisions.