The Director of Public Prosecutions (DPP) has opposed an application by one of the men serving a 30-year prison sentence over the 2019 Dusit D2 terror attack, seeking release on bail as he appeals his conviction.
The prosecution argues that Mohamed Abdi Ali, the first appellant, has not presented exceptional circumstances to justify his release pending the determination of his appeal.
The application, which was filed on December 22, 2025, was scheduled for hearing but could not proceed after the court established that the record was incomplete. The matter was consequently postponed to November 12, 2026, at noon for a virtual hearing.
In its written submissions dated November 4, 2026, Senior Assistant Director of Public Prosecutions Duncan Ondimu, OGW, argued that bail pending appeal is granted at the court’s discretion and is not an automatic entitlement.
The prosecution maintained that Ali had failed to demonstrate exceptional circumstances or show that his appeal had overwhelming chances of success. The DPP further pointed to the seriousness of the terrorism-related offences, noting that the January 2019 attack at the Dusit D2 hotel complex in Nairobi claimed 21 lives.
On Ali’s claims regarding his health, the prosecution relied on a medical report from Kamiti Maximum Security Prison, which indicated that his back and eye conditions were stable and could be managed within the prison.
The DPP also submitted that the record of appeal was complete and that the appeal could be expedited, arguing that there was no need to release him on bail.
Ali and his co-appellant, Hussein Mohamed Abdille Ali, were convicted by the Kahawa Chief Magistrate’s Court on May 22, 2025, over their involvement in the attack. They were sentenced to 30 years in prison each on June 17, 2025.
The DPP has separately challenged their acquittal on a count of committing a terrorist act under the Prevention of Terrorism Act.
The court issued similar directions in Hussein’s case, with both applications scheduled for further hearing on November 12, 2026, at noon, through a virtual session.
