Khaberni - In a step aimed at unifying procedures and applying new amendments to the procedural law in Kuwait, the head of the General Department of Execution at the Ministry of Justice, Advisor Abdullah Youssef Al-Qasimi, issued an administrative circular numbered 2025/26, regarding what was stipulated in Law No. 59 of the year 2025 concerning the amendment of enforcement procedures.
The circular clarified that in the event a preliminary objection is raised by one of the parties involved, seizures and travel bans remain effective if they were issued before the objection was raised. However, the procedure for arrest and bringing in a debtor is merely a preliminary step to imprisonment, and it is not permissible to continue with it after raising the objection.
Advisor Al-Qasimi confirmed that the arrest and bringing in procedures must be lifted from the debtor once the conditions of the preliminary objection are met, and the detained debtor must be released, provided that the procedure may be reinstated upon the creditor’s request after a decision to reject the objection or dismiss it, without obliging the creditor to prove the debtor's solvency in this case.
The circular also emphasized the necessity for all execution judges, department heads, supervisors, and section chiefs in the General Department of Execution and its provincial administrations to comply with its contents and act accordingly, noting that the circular takes effect from the date of its issuance.
This measure comes within the framework of updating execution mechanisms and ensuring a balance between the rights of creditors and the protection of debtors, in accordance with the provisions of the law and the Ministry of Justice's directions towards developing the judicial working environment.
