Kuwait is facing an escalating crisis between the legislative and executive authorities following an Amiri decree to dissolve the National Assembly for the second time in a year and suspend some articles of the Kuwaiti constitution.
This step is considered a turning point in Kuwaiti politics, as dissolving the Parliament and suspending some constitutional articles is a rare event in the country’s political history. It marks the third time such an action has been taken, with similar measures first implemented in 1976 during the rule of Sheikh Sabah Al-Salem Al-Sabah and again in 1986 during the rule of Sheikh Jaber Al-Ahmad Al-Jaber Al-Sabah.
The dissolution of the Kuwaiti parliament twice in 2024 marks the thirteenth dissolution over 60 years since Kuwait’s independence in 1962.
The dissolution of the Kuwaiti parliament twice in 2024 marks the thirteenth dissolution over 60 years since Kuwait’s independence in 1962.
The Reasons and Background That Led to This Crisis
In January 2024, one month after Sheikh Mishal Al-Ahmad Al-Jaber Al-Sabah assumed power, Mohammad Sabah Al-Salem Al-Sabah was tasked on Thursday, January 4, 2024, with forming a new government following the resignation of the previous government led by Sheikh Ahmad Nawaf Al-Ahmad Al-Sabah on December 20, 2023.
The new government, led by Mohammed Sabah Al-Salem Al-Sabah, was formed on Wednesday, January 17, 2024. However, tensions between the government and the Kuwaiti Parliament quickly escalated due to the majority of MPs refusing to delete what was perceived as an implicit insult made by MP Abdul Karim Al-Kandari during the discussion on responding to the speech by Amir Sheikh Mishal Al-Ahmad Al-Sabah during his constitutional oath on December 20, 2023. This speech included sharp criticisms of the National Assembly and the previous government, headed by Sheikh Ahmed Nawaf Al-Ahmad Al-Sabah.
Al-Kandari’s speech included the following:
“Article 108 of the constitution states that the member represents the entire nation, and Article 110 states that the member is free in their opinions. What happened in the previous session is that you initially deleted my response to the Amiri speech from the television broadcast, and then you removed it from the official record.”
He concluded by saying:
“I have spoken about the supreme speech in every address for ten years. Brother President, you contradicted yourself in the last session. Many deputies spoke about matters unrelated to the Amir’s speech, and you did not treat them the same way. By God, all I did was defend the council and myself against the harsh words of His Highness the Amir as a father, and I responded to him as a son. I did not overstep; I spoke sincerely to the Amir. I repeat that I did not make a mistake and leave it to the people to judge. You put me in a suspicious position. I did not overstep my boundaries with my father or the Amir. I spoke words in Abdullah Al-Salem Hall, and I was clear. What you did, Brother President was cut my speech and allow for slander. My words that you deleted do not belong to you, Brother President, but to the people. I was honest with the Amir and spoke with complete integrity because I believe His Highness wants to listen, and it is a father’s right to be harsh with us. In the end, I leave the decision to the council.”
Afterwards, 44 members of the council rejected the motion to delete the statement made by Member of Parliament Al-Kandari, while 16 members agreed. Consequently, the decision was made to correct the official record and cancel the deletion.
In response, the government refused to attend National Assembly sessions due to this disagreement.
Subsequently, His Highness the Amir of the country, Sheikh Mishal Al-Ahmad Al-Jaber Al-Sabah, issued Amiri Decree No. 16 of 2024 to dissolve the National Assembly due to the Assembly’s transgressions against constitutional principles in demonstrating the required respect for the high position, and the deliberate use of inappropriate language. This decision was made after reviewing the constitution and Article 107 thereof, and based on the proposal of the Prime Minister and the approval of the Council of Ministers.
Details of Article 107
Article 107 of the Kuwaiti Constitution states: “In the event that the National Assembly is dissolved, elections for the new assembly must be held within two months from the date of dissolution. If the elections are not held within this period, the dissolved assembly shall regain its full constitutional powers and convene immediately as if the dissolution had not occurred, and it shall continue its functions until the new assembly is elected.”
On February 28, 2024, Sheikh Mishal Al-Ahmad Al-Sabah issued a decree calling on voters to elect members of the National Assembly on Thursday, April 4, 2024.
The Minister of Interior in the government of Sheikh Fahd Youssef Saud Al-Sabah disqualified several candidates. Subsequently, the Court of Appeals upheld the Minister of Interior’s decision on March 24 to disqualify several candidates running for elections. On March 31, the Court of Cassation issued a final ruling disqualifying Marzouq Al-Hubaini, Ahmed Muti’ Al-Azmi, Jaber Al-Muhailibi, and Marzouq Al-Khalifa.
However, the new council did not resolve the political crisis in Kuwait, as the elections held on April 4 resulted in the entry of 11 new members into parliament, which is a limited change in its composition, indicating a continued state of political deadlock.
After the elections, Sheikh Mohammed Sabah Al-Salem Al-Sabah declined to form the new government, while other members of the ruling Al-Sabah family also refused to form the government.
On April 8, an Amiri decree was issued postponing the National Assembly meeting to May 14 instead of April 17, based on Article 106 of the constitution, which grants the Amir the authority to adjourn parliamentary sessions for up to one month.
On April 15, the Amir of Kuwait, Sheikh Ahmed Al-Abdullah Al-Ahmad Al-Sabah, appointed a new Prime Minister and tasked him with forming the new government.
Subsequently, newly elected members of parliament began hinting at the possibility of questioning the appointed government members before its announcement. This move was described as unusual and raised legal experts’ concerns about its constitutionality, while political sources viewed it as an attempt by parliamentarians to influence the formation of the government.
The situation culminated in a speech by Sheikh Mishal Al-Ahmad Al-Jaber Al-Sabah on May 10, 2024, in which he announced the “dissolution of the National Assembly,” in a parliament that was not much different from the one dissolved in February 2024.
The Amir and the Council of Ministers assumed the functions of the National Assembly in accordance with the constitution. The Amir described the decision as “Saving the country” and decided to suspend some constitutional provisions for a period not exceeding four years to study all aspects of the democratic process.
In an interview with “BBC News Arabic,” Kuwaiti writer and expert on National Assembly affairs Salem Al-Ajmi stated that disagreements between the legislative and executive branches are natural in a country that practices democracy, which Kuwaitis are used to. However, he believes this does not preclude the need to establish an independent body to regulate the electoral process and organize the relationship between the two branches to prevent such issues from recurring.
The Kuwaiti parliament holds significant influence, granting its members the right to legislate, discuss important issues, debate and vote on financial matters, and question ministers. Additionally, it allows them to submit requests for discussion or investigation and address citizens’ complaints.
