The Kuala Lumpur High Court has ruled that Malaysia currently has no legal mechanism to implement house arrest, effectively blocking any move for former prime minister Datuk Seri Najib Razak to serve the remainder of his prison sentence outside Kajang Prison. The decision was explained in a 41-page written judgment released on 23 December 2025 by High Court judge Datuk Alice Loke Yee Ching.
The court held that an additional order issued by the former Yang di-Pertuan Agong on 29 January 2024, which purportedly allowed Najib to complete his reduced sentence at home, could not be enforced. The judge found that the order did not comply with procedures laid out in the Federal Constitution and, in any event, could not be carried out due to the absence of enabling laws for house arrest in Malaysia.
Justice Loke stated that the High Court was unable to compel the government to execute the house arrest order because it lacked constitutional validity. She further clarified that even if the order were assumed to exist, there was no statutory framework that allowed such a sentence to be implemented. In her assessment, house arrest is not recognised under Malaysian law as a form of punishment or sentence execution.
Najib’s legal team had argued that Section 43 of the Prisons Act 1995 provided a basis for house arrest through a system known as “release on licence.” However, the judge rejected this interpretation. She explained that Section 43 gives discretionary power solely to the Commissioner General of Prisons to release inmates temporarily, under specific conditions and for a duration determined by the commissioner. Importantly, prisoners released under this provision may be recalled to prison at any time.
The court also examined Regulation 111 of the Prisons Regulations 2000, which allows certain prisoners who have served at least four years of their sentence to be released on licence. That regulation sets out detailed conditions, including restrictions on movement, reporting obligations, and behavioural requirements. Justice Loke concluded that these provisions did not amount to a house arrest mechanism.
According to the judgment, the addendum order differed fundamentally from a release on licence because it fixed the duration of Najib’s confinement at his Kuala Lumpur residence and removed any discretion from the Commissioner General. The order also did not allow for recall to prison, which directly contradicted the statutory scheme governing prisoner release.
The court further noted that the former Agong had reduced Najib’s sentence and fine during a Pardons Board meeting held on 29 January 2024, but the house arrest directive was made outside that meeting. As such, it failed to meet constitutional requirements under Article 42.
With the High Court’s ruling issued on 22 December 2025, Najib remains incarcerated at Kajang Prison, where he has been held since August 2022. His lead counsel, Tan Sri Muhammad Shafee Abdullah, confirmed that an appeal will be filed at the Court of Appeal challenging the decision.
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