The Director of Public Prosecutions (DPP) has strongly opposed an application seeking the release on bail of a 61-year-old man convicted over his role in the Dusit D2 terror attack, arguing that the gravity of the offences outweighs the grounds advanced for his temporary freedom.
Mohamed Abdi Ali is currently serving a 30-year prison sentence after being proven guilty of offences related to terrorism, linked to the January 2025 attack at the Dusit D2 Hotel complex, which caused the death of 21 people.
He was convicted on May 22, 2025, and sentenced on June 19, 2025, to an aggregate term of 30 years’ imprisonment.
On June 27th 2025, Mohamed lodged an appeal and subsequently filed a certificate of urgency seeking bail pending the hearing and determination of the appeal. As the basis of his application, Mohamed cited medical and family reasons.
However, the DPP, through the prosecuting counsel Duncan Ondimu, urged the Kiambu High Court to dismiss the request, stating that the offences were serious, terrorism-related and posed a high risk to public safety if the bail is granted to the convict.
Ondimu submitted that the gravity of the crimes weighs heavily against the grant of bail pending appeal. According to him, granting of bail in such circumstances could undermine public confidence in the system of criminal justice.
He further argued that justice would be served better by fast-tracking the appeal rather than granting bail on what he described as insufficient grounds.
The prosecution held that Mohamed had failed to show that remaining in custody during the appeal process would cause him irreparable harm.
“The application has not demonstrated that the appeal has overwhelming chances of success but merely expresses dissatisfaction with the findings and conclusions of the trial court.” Ondimu submitted.
The prosecution added that it was fully ready and willing to proceed with the appeal without delay.
The matter is scheduled for mention on February 28, 2026, when the court is expected to give further directions on the handling of the appeal and the pending bail application.
