Published on: April 25, 2025 10:16 (EAT)
The Director of Public Prosecutions (DPP) has formally requested the Kahawa Law Courts to convict and impose custodial sentences on two individuals charged in connection with the January 2019 DusitD2 complex terror attack in Nairobi, which left 21 people dead and dozens injured.
The suspects, Hussein Mohamed Abdille Ali and Mohamed Abdi Ali, have been under investigation and trial for several years. On January 21, 2025, the court ruled that both accused persons had a case to answer after the prosecution successfully established a prima facie case against them. The trial, which has involved extensive evidence and testimonies, is now approaching its conclusion with a judgment expected on May 22, 2025.
Charges and Legal Proceedings
According to a statement by the Office of the Director of Public Prosecutions (ODPP), both Hussein Mohamed Abdille Ali and Mohamed Abdi Ali are facing multiple terrorism-related charges under the Prevention of Terrorism Act (POTA), Cap 59B.
They are jointly charged with:
- Conspiracy to commit an offence, contrary to section 23(2) as read with section 23(4) of POTA.
- Committing a terrorist act, contrary to section 4(2) of POTA.
In addition to these joint charges:
- Mr. Hussein Mohamed Abdille Ali faces an additional charge of facilitating a terrorist act.
- Mr. Mohamed Abdi Ali faces fourteen counts of facilitating a terrorist act, reflecting the depth of alleged involvement.
The charges are directly tied to their suspected roles in the planning and execution of the 2019 attack on the DusitD2 hotel and business complex, a well-known upscale location in Nairobi’s Westlands area. The attack, which shocked the nation, was claimed by the Somalia-based militant group Al-Shabaab.
Evidence and Testimonies
During the lengthy trial, the prosecution presented evidence from 55 witnesses, including expert testimonies in the fields of cybersecurity, forensic analysis, and counter-terrorism operations. The court also heard from survivors and investigators who were part of the rescue and response teams during and after the attack.
Lady Justice Kavedza, in her ruling made earlier this year, acknowledged the weight of the evidence brought before the court.
“Having considered the evidence of 55 witnesses, including expert testimonies, and the material presented before me, I am satisfied that the prosecution has established a prima facie case against the two accused persons. I hereby place the second accused, Hussein Mohamed Abdille, and the third accused, Mohamed Abdi Ali, on their defence,” she stated.
The DPP has emphasized that the evidence was sufficient to meet the threshold for conviction. In their submissions, the prosecution team urged the court to consider the magnitude of the attack and the suffering endured by victims and their families when delivering its judgment.
Impact of the DusitD2 Attack
The DusitD2 attack remains one of the deadliest acts of terrorism on Kenyan soil since the Westgate Mall siege in 2013. The well-coordinated assault, which involved gunmen and a suicide bomber, began on January 15, 2019, and lasted nearly 20 hours. Security forces eventually neutralized the attackers, but not before 21 innocent lives were lost and over 700 people were rescued from the complex.
The tragedy prompted renewed calls for vigilance, the tightening of anti-terror laws, and a thorough review of security protocols at key commercial and public installations.
Investigations following the attack led to multiple arrests, including those of Hussein Mohamed Abdille Ali and Mohamed Abdi Ali, who have since remained in custody as their trial progressed.
Awaiting Justice
The ODPP has reiterated its commitment to upholding the rule of law and ensuring that justice is served. The upcoming judgment on May 22 is expected to bring closure to the lengthy and emotionally charged case.
Should the court convict the accused, it would mark a significant moment in Kenya’s ongoing fight against terrorism and extremism. It would also affirm the country’s legal system’s ability to hold suspects accountable through due process, in accordance with constitutional and international standards.
As the nation waits for the final verdict, the memories of the victims of the DusitD2 attack remain fresh in the minds of many. For the families of those who perished, and for survivors still dealing with trauma, the judgment could represent a crucial step toward healing.
