High Court Rejects Application for Home Detention, Najib to Continue Serving Prison Sentence

Kuala Lumpur High Court on Monday (December 22) rejected former Prime Minister Datuk Seri Najib's judicial review application for home detention. Najib, convicted for misappropriating RM42 million from SRC International Sdn Bhd, is still required to serve the remaining 3 years of his sentence in Kajang Prison.

High Court Judge Alice Loke Yee Ching stated in her ruling that the “Titah Adendum” (Supplementary Decree) granted by the 16th Yang di-Pertuan Agong is not legally effective. The judge pointed out that after examination, the issue of home detention was not discussed during the Royal Pardon Board meeting on January 29 last year, and therefore the supplementary decree could not be taken as a legitimate basis for executing home detention.

The judge said: “The Yang di-Pertuan Agong cannot make decisions alone.”

In the judicial review, Najib had requested the court to issue a mandamus order directing the government and six other parties to immediately execute the said supplementary decree, transferring him from Kajang Prison to his residence so he could serve his sentence under house arrest. The judge, however, made it clear: "The supplementary decree is not a lawful order, therefore the order for home detention cannot be executed."

Najib has been serving his sentence at Kajang Prison since August 23, 2022, and has now served more than 3 years. This ruling means he must continue to serve the remaining 3 years in prison, and is expected to be released in 2028.

In this judicial review, Najib named the Home Minister, Director of Prisons Department, Attorney General, the Federal Territories (Kuala Lumpur, Labuan, and Putrajaya) Pardons Board, Minister in the Prime Minister’s Department (Law and Institutional Reform), Director General of Legal Affairs Division in the Prime Minister’s Department, and the Malaysian Government as respondents. He requested the court order the respondents to provide the original decree from the 16th Yang di-Pertuan Agong concerning his reduced sentence and fine, and, if such a document truly exists, to execute it immediately by transferring him from Kajang Prison to his residence for house arrest.
Previously, Najib was sentenced to 12 years’ imprisonment and fined RM210 million for misappropriating RM42 million from SRC International. The verdict was upheld by both the Court of Appeal and the Federal Court. Najib subsequently submitted a royal pardon application on September 2, 2022, whereupon the Pardon Board decided to reduce his sentence to 6 years and his fine to RM50 million.

The High Court had originally set January 5 next year to deliver the ruling, but the date was moved up to December 22, ahead of Christmas. After the verdict, both sides may still appeal to the Court of Appeal in Putrajaya.

This verdict means Najib's attempt to serve his sentence under house arrest via supplementary decree has failed, and he will continue serving his prison term in Kajang until completion.