Kuwait is grappling with an unparalleled surge in legal matters, reaching staggering proportions that demand immediate attention. The Supreme Judicial Council, the Ministry of Justice, and the National Assembly find themselves unable to stem the rising tide, as court cases catapulted from 500 in 2011 to an astonishing 1.2 million in 2019. Disturbingly, this alarming trend persists, with a jaw-dropping 1,572,341 cases recorded in 2023 alone, indicating an increase of 400,000 within a mere four years.
This surge is not just a statistical anomaly but a stark reality underscoring a significant uptick in legal matters within Kuwait. A detailed analysis of the past year’s statistics reveals that the Court of First Instance bore the brunt of this overwhelming influx, handling a staggering 1,522,697 cases. Among them, criminal cases numbered 934,705, civil cases reached 554,240, and family cases amounted to 33,752.
The Court of Appeal circuits grappled with 53,282 ordinary and family appeal cases, while the Court of Cassation faced 21,771 cases. However, a mere 396 judges were available across its circuits, leading to an intriguing revelation. Each judge in the Court of Cassation was burdened with an annual workload of about 3,840 cases, averaging 320 per month and 80 per week.
Meanwhile, the Court of Appeals, with 334 judges handling 53,282 cases annually, faced an average of 160 cases per judge annually. The concerning workload faced by the Court of Cassation, distributing 21,771 cases among 87 judges, meant each judge dealt with an average of 250 cases annually and 11 cases per month. This raises critical concerns about the strain on judges, given their vital role in upholding the integrity of rulings and applying legal provisions.
The surge in appeals, escalating from 16,500 in 2019 to a daunting 21,771 in 2023, necessitates a thorough examination of the adequacy of the current number of judges. Despite the court deciding on a substantial number of appeals, the increase in the number of judges has been marginal, leading to challenges in efficiency. The evident backlog and inefficiency in the justice system, coupled with outdated procedures and a lack of legislative development in the last 45 years, highlight the urgent need for a comprehensive overhaul.
With 730 judges grappling with over one and a half million cases, it is imperative to reconsider the appointment and recruitment of judges. This is crucial to ensure a more modern and efficient judicial system that aligns with contemporary technological advancements and effectively addresses longstanding issues in the litigation process. The time for reform is now, as Kuwait faces a legal conundrum of unprecedented proportions.
