The DPP opposes Mohamed Abdi Ali’s application for bail pending appeal.
Prosecutors say Mohamed Abdi Ali has not shown exceptional circumstances for release as the court sets November 12 for bail hearings.
The Director of Public Prosecutions has opposed bail for Dusit D2 convict Mohamed Abdi Ali pending appeal. Prosecutors argue that he has not demonstrated exceptional circumstances to justify his release.
Senior Assistant Director of Public Prosecutions Duncan Ondimu filed written submissions on November 4, 2026, seeking dismissal of the application. He cited the seriousness of the terrorism-related offences arising from the attack, which killed 21 people.
DPP challenges Dusit D2 convict’s grounds for bail
The prosecution argued that bail pending appeal rests on the court’s discretion and is not an automatic right. It also maintained that Ali had not established that his appeal had overwhelming chances of success.
Ali relied on health concerns in seeking release. However, the DPP cited a medical report from Kamiti Maximum Security Prison indicating that his back and eye conditions were stable. The report indicated that the prison could manage both conditions.
The prosecution further argued that the record of appeal was complete, allowing the court to fast-track proceedings. On that basis, it maintained that releasing Ali on bail was unnecessary.
Court sets November 12 hearing
However, Ali’s application could not proceed at Wednesday’s scheduled hearing after the court found the record incomplete. He had filed the application on December 22, 2025. The court deferred the matter to November 12, 2026, at noon for a virtual hearing.
His co-appellant, Hussein Mohamed Abdille Ali, also received similar directions. The court will hear his bail application on the same date as appeal proceedings continue.
The Kahawa Chief Magistrate’s Court convicted both men on May 22, 2025, over their involvement in the attack. It targeted Nairobi’s Dusit D2 hotel and office complex on January 15, 2019. On June 17, 2025, the court sentenced each man to 30 years in prison.
Separately, the DPP has challenged their acquittal on another count concerning the commission of a terrorist act under the Prevention of Terrorism Act.
