The Director of Public Prosecutions (DPP) has opposed the release on bail of one of the two men convicted over the 2019 Dusit D2 terror attack, arguing that he has failed to demonstrate exceptional circumstances to warrant his release pending appeal.
The application by Mohamed Abdi Ali, the first appellant, was scheduled for hearing on Wednesday but could not proceed after the court established that the record was incomplete.
The court deferred the matter to November 12, 2026, at noon for a virtual hearing.
A similar direction was issued in respect of his co-appellant, Hussein Mohamed Abdille Ali.
In grounds of opposition and written submissions dated November 4, prosecution counsel Duncan Ondimu argued that bail pending appeal is a discretionary remedy and not an automatic right.
The prosecution submitted that Ali had failed to demonstrate exceptional circumstances or establish that his appeal had overwhelming chances of success.
The DPP further pointed to the gravity of the offences, which were terrorism-related and arose from the January 2019 attack that claimed 21 lives.
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 prosecution also argued that the record of appeal was complete and that the appeal could be fast-tracked, making his release on bail unnecessary.
Ali filed the bail application on December 22, 2025.
Ali and Abdille Ali were convicted by the Kahawa Chief Magistrate’s Court on May 22, 2025, over their involvement in the Dusit D2 terror attack and sentenced to 30 years in prison each on June 17, 2025.
Meanwhile, the DPP has challenged their acquittal on a separate count of committing a terrorist act contrary to the Prevention of Terrorism Act.
The two applications are scheduled for further hearing on November 12.
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