DPP Opposes Bail for Dusit D2 Terror Attack Convict Pending Appeal

NAIROBI, Kenya, Nov 5 – The Director of Public Prosecutions (DPP) has opposed an application by one of the two men convicted over the 2019 Dusit D2 terror attack seeking release on bail pending appeal. The prosecution argues that Mohamed Abdi Ali has failed to demonstrate exceptional circumstances that would justify his release while challenging his conviction and 30-year prison sentence. The application, 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 subsequently deferred to November 12, 2026, at noon, when it will be heard virtually. Through Senior Assistant Director of Public Prosecutions Duncan Ondimu, the DPP filed grounds of opposition and written submissions dated November 4, 2026, challenging the application. In its submissions, the prosecution maintained that bail pending appeal is a discretionary remedy and not an automatic entitlement. It argued that Ali had neither demonstrated exceptional circumstances nor established that his appeal had overwhelming chances of success. The DPP further cited the seriousness of the terrorism-related offences, which arose from the January 15, 2019, attack at the Dusit D2 hotel complex in Nairobi that claimed 21 lives. On Ali’s health concerns, the prosecution relied on a medical report from Kamiti Maximum Security Prison indicating that his back and eye conditions were stable and could be managed within the correctional facility. The DPP also argued that the record of appeal was complete and that the appeal could be expedited, making his release on bail unnecessary. 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 Dusit D2 terror attack. They were subsequently sentenced to 30 years in prison each on June 17, 2025. The two had separately challenged their convictions and sentences, with both seeking release on bail pending the determination of their appeals. The DPP has also challenged their acquittal on a separate count relating to the commission of a terrorist act contrary to the Prevention of Terrorism Act. The court issued similar directions on Hussein Mohamed Abdille Ali’s bail application, with both matters scheduled for virtual hearing on November 12, 2026, at noon. The court is expected to consider the prosecution’s objections alongside the applications by the two convicts when the matter resumes. The Dusit D2 attack remains one of Kenya’s deadliest terror incidents, with 21 people killed when armed militants stormed the hotel and office complex in Nairobi’s Westlands neighbourhood.