Claiming appointment in government agencies and rejecting the job application in Kuwaiti law

Some Kuwaiti citizens have faced unjustified rejection by government agencies of their employment applications despite meeting legal requirements, or have been denied employment opportunities despite being nominated by the Civil Service Bureau. In these cases, the aggrieved party has the right to resort to the administrative judiciary to demand the annulment of the negative decision to refuse employment.

First: Appointment to public positions - a right or a privilege?

Employment in government agencies is carried out in accordance with the rules of justice and equal opportunity guaranteed by the Kuwaiti Constitution, especially Article (8) thereof.

Accordingly, every eligible citizen has a legitimate right to compete for a position, and refusing to appoint him without a legal reason is an administrative violation that must be appealed.

If a nomination is issued by the Civil Service Bureau and the appointment decision is not issued, this is considered a negative decision that may be appealed.

Second: The most prominent forms of illegal employment decisions

• Ignore the candidate's nomination without giving reasons.
• Preferring a less qualified candidate without legal basis.