A man convicted over the deadly 2019 Dusit D2 terror attack could remain behind bars as he pursues an appeal after the Director of Public Prosecutions (DPP) opposed his bid for temporary freedom, insisting that neither his health nor the grounds presented justify his release.
In submissions filed on Wednesday, November 4, 2026, the prosecution urged the court to dismiss an application by Mohamed Abdi Ali, who is serving a 30-year prison sentence for his role in the attack that claimed 21 lives in Nairobi.
Senior Assistant Director of Public Prosecutions Duncan Ondimu argued that Mohamed had not met the legal threshold for bail pending appeal, maintaining that an applicant must establish exceptional circumstances to warrant release before the appeal is decided.
The State further submitted that Mohamed had failed to show that his appeal had overwhelming chances of success, arguing that his request did not satisfy the conditions required for the court to exercise its discretion in his favour.
The prosecution also drew attention to the scale and seriousness of the January 2019 attack, in which terrorists struck the Dusit D2 hotel and office complex, killing 21 people and leaving several others injured.
Addressing concerns raised over Mohamed's medical condition, the DPP presented a report from Kamiti Maximum Security Prison indicating that his back and eye problems were stable and could be handled within the facility.
"The applicant's medical conditions are stable and can be managed within the prison facility," the prosecution submitted.
Ondimu also told the court that the record of appeal was complete and that the matter could be prioritised for an early determination. The State argued that this provided no justification for releasing the convict while the appeal process was ongoing.
However, the court did not proceed with the hearing after finding that the record presented in support of the application was incomplete.
Mohamed had filed his bail application on December 22, 2025, but the matter was pushed to November 12, 2026, at noon, when it will be heard virtually.
His co-appellant, Hussein Mohamed Abdille Ali, is pursuing a similar application, with the court issuing comparable directions for his case.
The two men were convicted by the Kahawa Chief Magistrate's Court on May 22, 2025, for their involvement in the Dusit D2 terror attack. They were each handed 30-year prison sentences on June 17, 2025.
The attack occurred on January 15, 2019, when gunmen and a suicide bomber targeted the hotel and office complex in Nairobi, leaving 21 people dead and several others wounded.
Separately, the DPP has appealed against the acquittal of Mohamed and Hussein on an additional charge of committing a terrorist act under the Prevention of Terrorism Act.
Both applications seeking release on bail pending appeal are scheduled for further hearing on November 12, 2026.