NAIROBI, Kenya, Feb 4 — The Office of the Director of Public Prosecutions (ODPP) has moved to block a bid by a convicted terror accomplice to secure bail as he awaits the hearing and determination of his appeal.
The application was filed by Mohamed Abdi Ali, 61, who is serving a 30-year prison sentence for his role in the Dusit D2 terror attack that struck Nairobi in January 2025, killing 21 people.
The Director of Public Prosecutions argues that the gravity of the offence and the need to safeguard public confidence in the justice system outweigh Ali’s request for temporary release.
Ali was convicted on May 22, 2025, and sentenced on June 19, 2025, after the trial court found him guilty of conspiring to commit a terrorist act and facilitating the attack on the Dusit D2 Hotel complex.
He lodged an appeal on June 27, 2025, and is now seeking bail pending its determination.
Appearing before the Kiambu High Court on Wednesday, Prosecuting Counsel Duncan Ondimu submitted that the nature of the crimes places the case in a category where bail pending appeal must be approached with extreme caution.
The prosecution argued that releasing Ali at this stage would undermine public confidence in the administration of justice, particularly in cases involving terrorism-related offences.
Ondimu urged the court to instead prioritise a fast-tracked hearing of the appeal.
According to the ODPP, Ali has failed to demonstrate that he would suffer irreparable harm if he remains in custody while the appeal is being heard.
The prosecution also questioned the prospects of the appeal itself.
“The applicant 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 told the court.
Ali filed his application under a certificate of urgency, citing medical and family reasons as grounds for his release.
However, the DPP maintained that the reasons advanced do not meet the legal threshold required for bail pending appeal in terrorism-related cases.
Ondimu assured the court that the prosecution is ready to proceed with the appeal without delay, arguing that justice would be best served through a swift determination of the matter rather than interim release.
The case is scheduled for mention on February 28, 2026, when the court is expected to issue further directions.