The Director of Public Prosecutions (DPP) in Kenya has opposed an application for bail by Mohamed Abdi Ali, one of two men convicted in connection with the 2019 Dusit D2 terror attack. Ali is seeking release on bail pending appeal of his conviction and 30-year prison sentence. The DPP argues that Ali has not demonstrated exceptional circumstances to justify his release while his appeal is pending.
Ali's application for bail, filed on December 22, 2025, was initially scheduled for hearing but could not proceed due to an incomplete record. The matter has been deferred to November 12, 2026, for a virtual hearing. Through Senior Assistant Director of Public Prosecutions Duncan Ondimu, the DPP has filed grounds of opposition and written submissions challenging Ali's application.
The DPP maintains that bail pending appeal is a discretionary remedy, not an automatic entitlement. The prosecution argues that Ali has neither demonstrated exceptional circumstances nor established that his appeal has overwhelming chances of success. The DPP also cited the seriousness of the terrorism-related offences, which resulted in the deaths of 21 people during the January 15, 2019, attack at the Dusit D2 hotel complex in Nairobi.
The DPP also addressed Ali's health concerns, citing a medical report from Kamiti Maximum Security Prison indicating that his back and eye conditions are stable and can be managed within the correctional facility. Furthermore, the prosecution argued that the record of appeal is complete and that the appeal can be expedited, making Ali's 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, for their involvement in the Dusit D2 terror attack. They were sentenced to 30 years in prison each on June 17, 2025. Both have challenged their convictions and sentences, seeking release on bail pending the determination of their appeals.
The DPP has also challenged the acquittal of Ali and his co-appellant on a separate count related to the commission of a terrorist act contrary to the Prevention of Terrorism Act. The court has issued similar directions on Hussein Mohamed Abdille Ali's bail application, with both matters scheduled for virtual hearing on November 12, 2026.
The Dusit D2 attack remains one of Kenya's deadliest terror incidents, resulting in the deaths of 21 people when armed militants stormed the hotel and office complex in Nairobi's Westlands neighborhood. The court is expected to consider the prosecution's objections alongside the applications by the two convicts when the matter resumes.
Key points
- The DPP opposes bail for Mohamed Abdi Ali, citing lack of exceptional circumstances and seriousness of the terrorism-related offences.
- Ali and his co-appellant were convicted and sentenced to 30 years in prison for their involvement in the 2019 Dusit D2 terror attack.
- The court will consider the prosecution's objections and the applications by the two convicts during a virtual hearing on November 12, 2026.
