The Director of Public Prosecutions (DPP) has opposed an application by Mohamed Abdi Ali, one of the men serving 30-year prison sentences over the 2019 Dusit D2 terror attack, seeking release on bail pending the determination of his appeal.
In written submissions dated November 4, 2026, the prosecution argued that Ali had failed to demonstrate exceptional circumstances that would justify his release from prison while challenging his conviction.
The application, which was scheduled for hearing on Wednesday, could not proceed after the court established that the record was incomplete. The matter was consequently deferred to November 12, 2026, at noon for a virtual hearing.
Ali filed the application on December 22, 2025, seeking temporary release as his appeal against the conviction and sentence awaits determination.
The DPP, through Senior Assistant Director of Public Prosecutions Duncan Ondimu, argued that bail pending appeal is a discretionary remedy rather than an automatic right, adding that the applicant had not demonstrated that his appeal had overwhelming chances of success.
The prosecution further cited the gravity of the offences, which were terrorism-related and arose from the January 15, 2019, attack at the Dusit D2 hotel complex in Nairobi that left 21 people dead and dozens injured.
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 fast-tracked, 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, after being found guilty of terrorism-related offences linked to the attack.
They were subsequently sentenced to 30 years in prison each on June 17, 2025, over their respective roles in the attack.
The January 2019 assault on the Dusit D2 hotel complex in Nairobi’s Westlands area was carried out by armed attackers and targeted a hotel and office complex, killing 21 people and leaving several others injured.
The attack prompted an extensive security response and investigations into individuals suspected of facilitating the operation.
In a related development, the DPP has challenged the acquittal of the two convicts on a separate count of committing a terrorist act contrary to the Prevention of Terrorism Act.
The court issued similar directions regarding Hussein’s application for bail pending appeal, with both applications scheduled for further hearing on November 12 at noon through a virtual session.
