New law raises maximum liberty-restricting disciplinary penalty from 60 to 90 days
Dubai: Kuwait has raised the maximum period for a disciplinary punishment restricting a member of the armed forces’ liberty from 60 days to 90 days, part of an overhaul of the country’s nearly six-decade-old army law that also changes recruitment rules and introduces new forms of leave.
Decree-Law No. 92 of 2026, published in the official gazette Kuwait Al Youm on Sunday, amends several provisions of Law No. 32 of 1967 concerning the army. The decree takes effect from the date of its publication.
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Under the amended Article 23, the maximum liberty-restricting disciplinary penalty has been increased to 90 days from 60.
The explanatory memorandum said the change was intended to strengthen the effectiveness of the military disciplinary system and give the competent authority greater scope to impose penalties proportionate to the seriousness of an offence while maintaining existing safeguards.
The amendments also give the Minister of Defence greater authority over recruitment requirements.
Instead of setting the admission age rigidly in the law, the revised Article 32 allows the minister to determine by decision the age requirements for accepting officers, as well as any exceptions.
The memorandum said the change was designed to allow the armed forces to respond more readily to changing recruitment needs and policies.
The minister will also be responsible for determining the medical fitness requirements for military service.
According to the explanatory memorandum, transferring those requirements to a ministerial decision will make it easier to adapt military medical standards to scientific developments and changing operational requirements.
Similar rules will apply to non-commissioned officers and enlisted personnel. The amended Article 40 gives the defence minister authority to determine their admission age and any exceptions, bringing the rules into line with those governing the admission of officers.
The government said the change would establish a more consistent legislative framework and make it easier to update recruitment requirements when necessary.
Another amendment creates a legal basis for the army to recruit professionals and other categories of personnel under special contracts. The terms will be governed by regulations and decisions issued by the Minister of Defence.
The explanatory memorandum said the provision was intended to address the armed forces’ growing need for specialised professional and technical personnel and provide more flexible contractual arrangements to attract and retain people with skills required by the military.
The decree also expands the army’s leave system.
A new provision added to Article 82 introduces special leave that may be granted with full pay, reduced pay or without pay.
The government said the measure would give the military administration greater flexibility in dealing with circumstances in which personnel require special leave while balancing individual circumstances against operational needs.
The changes mark a further update to a law enacted in 1967. The explanatory memorandum said the armed forces had undergone extensive organisational and administrative changes over nearly six decades, creating a need to modernise some provisions and give the military administration greater flexibility over matters that change with operational requirements.
The decree also repeals any provisions that conflict with the new amendments and instructs the prime minister and ministers, each within their respective responsibilities, to implement the law.
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