Nearly seven years after gunmen and a suicide bomber killed 21 people at the Dusit D2 hotel complex in Nairobi, one of the two men jailed over the attack is asking to be let out while he appeals. The State says no.

In written submissions dated November 4, the Director of Public Prosecutions opposed an application by Mohamed Abdi Ali to be released on bail pending the hearing of his appeal against his conviction and 30-year sentence.

The prosecution's case

Through Senior Assistant Director of Public Prosecutions Duncan Ondimu, the DPP argued that:

  • Bail pending appeal is a discretionary remedy, not an automatic right, and is granted only in deserving cases.
  • Ali has not shown exceptional circumstances, nor that his appeal has overwhelming chances of success.
  • The terrorism-related offences, arising from the January 15, 2019 attack, are extremely serious.
  • A medical report from Kamiti Maximum Security Prison shows his back and eye conditions are stable and can be handled inside the facility.
  • The record of appeal is complete, so the appeal can be fast-tracked and bail is unnecessary.

"The applicant's medical conditions are stable and can be managed within the prison facility," the prosecution submitted, according to The Eastleigh Voice.

Hearing pushed to November 12

Ali filed the application on December 22, 2025. It could not proceed as scheduled after the court found the record before it was incomplete, and it was deferred to November 12, 2026, at noon, to be heard virtually. His co-appellant, Hussein Mohamed Abdille Ali, has a similar bail application, which will be heard on the same day.

Background

The two men were convicted by the Kahawa Chief Magistrate's Court on May 22, 2025, over their role in the attack, and were each sentenced to 30 years on June 17, 2025. Both have appealed against their convictions and sentences. The DPP, for its part, has challenged their acquittal on a separate count of committing a terrorist act under the Prevention of Terrorism Act.

The Dusit D2 siege, claimed by al-Shabaab, remains one of the deadliest terror attacks in Kenya's history. The court will weigh the convicts' bail requests against the prosecution's objections next week.

Photos: Capital FM (Dusit D2 attack convicts in court); Office of the Director of Public Prosecutions logo. Thumbnail design: HAMASTA MEDIA.