Kuwait’s Emir Sheikh Mishal Al‑Ahmad Al‑Jaber Al‑Sabah issued Decree‑Law No. 79 of 2026 on 23 August, amending Article 7 of the 1959 Nationality Law. The amendment states that any person who obtained Kuwaiti nationality through naturalisation “shall not have the right to vote, stand for election, or be appointed to any representative body.” The decree was published in the official gazette Kuwait Al‑Youm (supplement 1805) the following day and took effect upon publication.
Scope of the voting ban
- Prior to the amendment, naturalised Kuwaitis could vote after a 30‑year waiting period, although they were already barred from candidacy and appointment to parliamentary bodies.
- The new paragraph extends the restriction to the ballot itself, effectively removing all electoral participation for naturalised citizens at all levels, including municipal seats.
Additional amendments attached to the decree
- Article One (replacing Clause 4 of Article 14) – Nationality is forfeited if a person deliberately adds a non‑descendant to a nationality file. The decision can be made by the Higher Committee for Kuwaiti Nationality Investigation or by a final judicial ruling. Liability extends to the offender’s children or descendants who were aware of the forgery and failed to report it.
- Electronic nationality certificates – Article One also replaces Article 19, mandating that the Interior Ministry issue nationality certificates electronically. Technical standards will be set by a ministerial decision.
- Article Three – Confirms that the electronic certificate has the same legal force as the paper version and can be used wherever a paper document is required.
- Two closing articles repeal conflicting provisions and assign implementation responsibility to the Prime Minister and ministers.
Constitutional justification
The accompanying explanatory memorandum links the amendment to Article 82 of the Constitution, which requires National Assembly members to hold Kuwaiti nationality “by origin.” While Article 82 concerns eligibility to sit in the Assembly, Decree‑Law 79 expands the restriction to voting and appointment to any representative body.
Legislative context
- An Amiri Order of 10 May 2024 (Article 4) stipulates that laws may be issued as decree‑laws.
- The same order dissolved the National Assembly and suspended certain constitutional articles for up to four years, a suspension that runs until May 2028.
- Because the Assembly remains dissolved and no election has been scheduled, the voting ban applies to a group of citizens for a vote that cannot yet be held.
Scale of nationality revocations
- The independent tracker “Newsroom Initiative” recorded 71,059 nationality cancellations as of 15 April 2026, representing 4.6 % of Kuwait’s 1.545 million citizens.
- Revocations accelerated after the government abolished naturalisation by marriage (affecting women) and cancelled citizenships granted to wives since 1987.
- By December 2024, 12,000 citizenships had been revoked; an additional 5,800 files were referred for revocation later.
- Decree‑Law No. 52 of 2026 (13 April) classified nationality decrees as sovereign acts beyond judicial review, transferring jurisdiction over nationality offenses exclusively to the Public Prosecution.
Parallel immigration policy
In late 2025 Kuwait introduced a 15‑year residency track for foreign investors, with eligibility based on the merits of the underlying project rather than a fixed financial threshold. No Gulf Cooperation Council (GCC) state currently offers a citizenship‑by‑investment program.
Implications for citizenship stability
Legal experts note that the decree illustrates the jurisdictional risk of citizenship: rights attached to a passport can be altered by subsequent legislation. They advise that decisions on acquiring a second nationality should consider not only visa‑free access or processing speed but also the long‑term legal stability of the issuing country. The Kuwaiti amendment, lacking a sunset clause or review mechanism, appears permanent under the current legal framework.
Source article: www.imidaily.com
