DPP Opposes Bail for Dusit D2 Terror Attack Convict as Court Defers Hearing

The Director of Public Prosecutions (DPP) has opposed an application by one of the convicts in the 2019 Dusit D2 terror attack seeking release on bail pending appeal, arguing that he has failed to demonstrate exceptional circumstances to justify his release.

The application by Mohamed Abdi Ali, the first appellant, was scheduled for hearing on Wednesday, November 4, 2026, but could not proceed after the court established that the record was incomplete.

The court subsequently deferred the matter to November 12, 2026, at noon, when the application will be heard virtually.

Ali filed the application on December 22, 2025, seeking temporary release as he challenges his conviction and sentence.

The DPP, through Senior Assistant Director of Public Prosecutions Duncan Ondimu, filed grounds of opposition and written submissions dated November 4, 2026, urging the court to reject the request.

In its submissions, the prosecution argued that bail pending appeal is a discretionary remedy rather than an automatic right, maintaining that Ali had failed to demonstrate exceptional circumstances or show that his appeal had overwhelming chances of success.

The prosecution further cited the seriousness of the terrorism-related offences, which arose from the January 15, 2019, Dusit D2 hotel complex attack in Nairobi that claimed 21 lives.

On the applicant’s health concerns, the DPP 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 facility.

The prosecution also told the court that the record of appeal was complete and that the appeal could be fast-tracked, arguing that his release on bail was therefore 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.

On June 17, 2025, the two were each sentenced to 30 years in prison.

The January 2019 attack targeted the Dusit D2 hotel and office complex in Nairobi’s Westlands area, leaving 21 people dead and several others injured.

Meanwhile, the DPP has challenged the acquittal of the two convicts on a separate count relating to the commission of a terrorist act under the Prevention of Terrorism Act.

The court issued similar directions in respect of Hussein Mohamed Abdille Ali, with both bail applications scheduled for further hearing on November 12, 2026, at noon through a virtual session.

read;