"The (appeals) court declared the lower court verdict against Barrak illegal and cancelled it. It also agreed to call witnesses in the next hearing," Mohammad Abdulqader al-Jassem told AFP.
The appeals court has said it will retry the case at a hearing set for June 9, Jassem added.
The lower court handed Barrak the sentence on April 18 even after the defence team walked out of the trial when the judge refused to summon a number of dignitaries as witnesses.
However, he said it was still unclear whether the appeals court will include the premier as a witness.
Barrak, a nationalist former MP, was sentenced to jail over remarks he made at a public rally on October 15 deemed offensive to the emir, Sheikh Sabah al-Ahmad al-Sabah.
The jail sentence sparked angry protests by opposition activists that turned into clashes with police which used tear gas and stun grenades, wounding several protesters in the process.
The oil-rich Gulf country has been rocked by a bitter political crisis in recent months after the emir amended the electoral law in a move the opposition claims was unconstitutional.
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