The Constitutional Court has reserved its ruling on the appeal against the Ministry of Health’s decision to monopolize contracts for all private hospitals and clinics with a single company for medical waste disposal at a fixed and mandatory price. The verdict is set for the session on April 30.

Dr. Issam Al-Saleh, Chairman of the Board of Directors of the Union of Private Medical Professions, filed an indirect constitutional appeal, which was referred to the Constitutional Court regarding Ministerial Decision No. 196 of 2022 issued by the Ministry of Health.

The contested decision mandates that all private healthcare institutions and medical facilities exclusively contract with a local company to manage, operate, and maintain the Kabad 3 medical waste treatment plant. The appellant considered this decision a legal overreach and an abuse of power, in addition to violating constitutional principles that ensure economic freedom, prohibit monopolies, and guarantee the rights of medical and healthcare companies to select service providers based on fair market standards.

For his part, the appellant’s legal representative, lawyer Dr. Fawaz Khaled Al-Khateeb, emphasized that this constitutional appeal aims to uphold the rule of law, preserve justice and equality in the business environment, and prevent monopolization.

Al-Khateeb stated: “The law should protect rights, not become a tool for imposing arbitrary restrictions on economic sectors.” He added that the appeal seeks to annul the decision due to its serious legal flaws, including its violation of the Kuwaiti Constitution and the Competition Protection Law. Furthermore, it compels medical companies to contract with a specific company, disregarding the principle of economic plurality.

Source: Alrai , Alseyassah , Nabd