The DPP opposes Mohamed Abdi Ali’s bid for bail pending appeal in the Dusit D2 case.
Prosecutors argue Mohamed Abdi Ali has shown no exceptional grounds for release as he challenges his conviction and sentence.
The Director of Public Prosecutions has opposed bail for Dusit D2 convict Mohamed Abdi Ali pending his appeal. Ali is challenging his conviction and 30-year prison sentence over the 2019 Nairobi terror attack.
The prosecution argues that Ali has not demonstrated exceptional circumstances to justify his release. It also maintains that he has not shown his appeal has overwhelming chances of success.
Ali filed his bail application on December 22, 2025. However, the scheduled hearing could not proceed after the court found the record incomplete. The court deferred the matter to November 12, 2026, at noon for a virtual hearing.
DPP challenges Dusit D2 convict bail request
Senior Assistant Director of Public Prosecutions Duncan Ondimu filed the prosecution’s objections and written submissions dated November 4, 2026. The DPP argues that courts exercise discretion when granting bail pending appeal; release is not automatic.
The prosecution also cites the seriousness of the terrorism-related offences. The charges arose from the January 15, 2019, attack on the Dusit D2 hotel and office complex in Westlands. Armed militants killed 21 people in the attack.
On Ali’s health concerns, prosecutors rely on a medical report from Kamiti Maximum Security Prison. The report indicates that his back and eye conditions are stable and manageable within the prison.
Meanwhile, the DPP maintains that the appeal record is complete and argues that an expedited appeal makes bail unnecessary.
Both convicts seek release pending appeal
The Kahawa Chief Magistrate’s Court convicted Ali and Hussein Mohamed Abdille Ali on May 22, 2025, over their involvement in the attack. It then sentenced each man to 30 years in prison on June 17, 2025.
Both men separately challenged their convictions and sentences. They also applied for bail while awaiting the determination of their appeals.
The DPP has separately challenged their acquittal on a count concerning the commission of a terrorist act. That count falls under the Prevention of Terrorism Act.
The court issued similar directions for Hussein Mohamed Abdille Ali’s bail application. Both applications will therefore come before the court virtually on November 12, 2026, at noon, alongside the prosecution’s objections.
