Kenya: DPP Opposes Bail for Dusit D2 Convict, Citing Failure to Demonstrate Exceptional Circumstances

What the report says

The Director of Public Prosecutions in Kenya has opposed a bail request from Mohamed Abdi Ali, one of the men convicted over the 2019 Dusit D2 terror attack in Nairobi, saying he has not shown exceptional circumstances to justify release while his appeal is pending. The application was presented in written submissions filed on November 4, 2026, according to Capital FM, which reported the case through AllAfrica.

The prosecution argued that bail pending appeal is a discretionary remedy rather than an automatic entitlement, and said Ali had not shown that his appeal has a high likelihood of success. It also stressed the seriousness of the terrorism-related offences linked to the attack, which killed 21 people. The DPP further disputed Ali’s reliance on health concerns, pointing to a prison medical report said to indicate that his back and eye conditions were stable and manageable in custody.

Capital FM reported that Ali filed the bail request on December 22, 2025, and that the matter was due for hearing but could not proceed because the court found the appeal record incomplete. The court then postponed the hearing to November 12, 2026, for a virtual session. Similar directions were given in relation to co-appellant Hussein Mohamed Abdille Ali, whose own bail application is also listed for the same date.

The two men were convicted by the Kahawa Chief Magistrate’s Court on May 22, 2025, and sentenced on June 17, 2025 to 30 years in prison. The DPP has also challenged their acquittal on a separate count under Kenya’s anti-terrorism law. The bail issue now forms part of the wider appeals process following one of the country’s deadliest attacks.