DPP opposes bail for Dusit D2 convict, citing failure to demonstrate exceptional circumstances

NAIROBI, Kenya, Nov 4-The Director of Public Prosecutions (DPP) has opposed the release on bail of one of the men convicted in the 2019 Dusit D2 terror attack, arguing that he has failed to demonstrate exceptional circumstances to warrant his release pending appeal.

In written submissions filed on November 4, 2026, Senior Assistant Director of Public Prosecutions Duncan Ondimu urged the court to dismiss an application by Mohamed Abdi Ali, citing the gravity of the terrorism-related offences that arose from the attack, which claimed 21 lives.

The prosecution argued that bail pending appeal is a discretionary remedy and not an automatic right, maintaining that Ali had neither demonstrated exceptional circumstances nor established that his appeal had overwhelming chances of success.

“The DPP further emphasized the gravity of the offences, which were terrorism-related and arose from an attack that claimed 21 lives,” he said

The DPP also challenged Ali’s reliance on health concerns, pointing to a medical report from Kamiti Maximum Security Prison indicating that his back and eye conditions were stable and could be managed within the prison facility.

The prosecution further argued that the record of appeal was complete and the appeal could be fast-tracked, making his release on bail unnecessary.

Ali’s application, filed on December 22, 2025, was scheduled for hearing on Wednesday 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 for a virtual hearing.

Similar directions were issued in respect of his co-appellant, Hussein Mohamed Abdille Ali, whose bail application is also scheduled for hearing on the same date.

The two men were convicted by the Kahawa Chief Magistrate’s Court on May 22, 2025, over their involvement in the January 15, 2019, attack on the Dusit D2 hotel and office complex in Nairobi.

They were each sentenced to 30 years in prison on June 17, 2025.

Separately, the DPP has challenged their acquittal on another count relating to the commission of a terrorist act contrary to the Prevention of Terrorism Act.

The court is expected to hear the two bail applications on November 12 as the appeals proceedings continue.

​Bruhan Makong is a Senior News Reporter for Capital FM in Nairobi, covering diplomacy, foreign policy, national security, climate, and human rights across East Africa and the wider region.