Malaysian Court Rejects Najib Razak's Bid for House Arrest, Upholding Prison Sentence

KUALA LUMPUR, Malaysia – Former Malaysian Prime Minister Najib Razak will continue to serve his prison sentence at Kajang Prison after the Kuala Lumpur High Court on Monday, December 22, 2025, rejected his application to serve the remainder of his term under house arrest. The pivotal ruling by Justice Alice Loke Yee Ching determined that a purported royal addendum order, which Najib claimed would allow him to complete his sentence at home, lacked constitutional validity. The decision ensures the 72-year-old former leader, embroiled in multiple corruption cases, remains incarcerated, marking another significant development in Malaysia's ongoing efforts to combat high-level graft.

The Court's Unanimous Decision and Legal Grounds

High Court Judge Alice Loke Yee Ching delivered the verdict, stating that the alleged addendum order issued by the former Yang di-Pertuan Agong (King) was not valid and could not be enforced. The court acknowledged that the existence of such an order was not disputed, a point previously conceded by the Attorney General's Chambers. However, the core of the court's finding rested on procedural grounds: the addendum was not deliberated or decided during the 61st Pardons Board meeting on January 29, 2024. Justice Loke emphasized that the King's prerogative of mercy must be exercised based on the advice of the Pardons Board, as stipulated by Article 42 of the Federal Constitution. Without this crucial consultation, the order was deemed to be non-compliant with constitutional requirements, rendering it invalid. This judicial reaffirmation of constitutional process underscores the limits of even royal authority when it comes to the legal framework governing pardons. Outside the court, hundreds of supporters from Najib's United Malays National Organisation (UMNO) party gathered, demonstrating continued solidarity with the former prime minister.

Background of Najib's Conviction and Pardon Petition

Najib Razak's current imprisonment stems from his July 2020 conviction in the SRC International Sdn Bhd case. He was found guilty on seven charges, including criminal breach of trust, money laundering, and abuse of power, involving the transfer of RM42 million (approximately $10.3 million) from SRC International, a former subsidiary of the 1MDB state investment fund, into his personal bank accounts. This landmark case marked the first time a former Malaysian prime minister was jailed, with Najib beginning his 12-year sentence in August 2022 after exhausting all appeals.

Following his incarceration, Najib submitted a petition for a royal pardon. In a significant development on February 2, 2024, the Pardons Board, chaired by the then-King Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, announced a reduction of Najib's sentence. His 12-year prison term was halved to six years, and his RM210 million fine was reduced to RM50 million. If the reduced fine is not paid, an additional year will be added to his sentence, potentially extending his release date to August 23, 2029.

The Disputed Royal Addendum and Legal Challenge

It was in the wake of this partial pardon that Najib's legal team put forth the claim of an "addendum order." They asserted that the former King had also issued a supplementary order, which would permit Najib to serve the reduced sentence under house arrest. Najib's judicial review application, filed in April 2024, sought to compel the Malaysian government to acknowledge and enforce this alleged addendum.

The government, for months, denied knowledge of any such document, though the former King's office and a federal lawyer later confirmed its issuance. However, the legal battle shifted from the existence of the document to its validity. Najib's legal team argued that the addendum was a valid exercise of royal prerogative, while prosecutors countered that it was unenforceable due to its lack of adherence to constitutional procedures. The High Court's ruling decisively sided with the prosecution, underscoring that while the monarch holds discretionary powers, these powers are still subject to constitutional limits and the requirement of advice from the Pardons Board.

Implications for Najib's Future and Malaysian Politics

The High Court's decision means Najib Razak will remain at Kajang Prison, with his scheduled release date set for August 2028 (or August 2029 if the fine is not paid). His legal team has indicated their intention to appeal the High Court's verdict, prolonging the legal saga.

This ruling comes at a critical juncture, as Najib faces another significant court decision later this week. On Friday, December 26, another High Court judge is expected to deliver a verdict in his second major graft trial. This separate case involves four counts of abuse of power and 21 counts of money laundering, concerning the alleged misappropriation of RM2.2 billion (over $700 million) directly from the 1MDB state fund into his bank accounts. If convicted in this second trial, Najib could face additional lengthy prison sentences.

The denial of house arrest carries substantial political weight. For Prime Minister Anwar Ibrahim's administration, which came to power on an anti-corruption platform, the court's firm stance against perceived preferential treatment for a high-profile figure like Najib may bolster public confidence in institutional integrity. Conversely, the decision could inflame dissatisfaction among Najib's loyal supporters, particularly within segments of UMNO who continue to view his prosecution as selective. The case highlights the delicate balance between upholding the rule of law and navigating complex political dynamics in Malaysia.

Conclusion: A Continued Legal Battle

The Kuala Lumpur High Court's rejection of Najib Razak's house arrest bid reaffirms the judiciary's role in upholding constitutional procedures, even in cases involving royal prerogatives. Despite the King's previous clemency, the court found that the claimed addendum order did not meet the necessary legal requirements, thereby ensuring Najib continues his sentence within the formal prison system. As Najib's legal team prepares an appeal, and with a verdict looming in his separate 1MDB trial, the former prime minister's legal battles are far from over, keeping the nation's political and legal landscapes in sharp focus. The outcomes of these ongoing proceedings will continue to shape public perception of justice and accountability at the highest levels of Malaysian governance.