The Director of Public Prosecutions (DPP) has asked the Kahawa Law Courts to convict and sentence two individuals charged in connection with the deadly 2019 DusitD2 terror attack that left 21 people dead and several others injured.
The suspects, Hussein Mohamed Abdille Ali and Mohamed Abdi Ali, are facing multiple terrorism-related charges under Kenya’s Prevention of Terrorism Act (POTA). The Office of the Director of Public Prosecutions (ODPP) confirmed that the two were found to have a case to answer after the court was satisfied that the prosecution had proved its case beyond a reasonable doubt.
The prosecution relied on testimonies from 55 witnesses, including several experts, to build its case. Lady Justice Kavedza, presiding over the trial in January, ruled that the evidence presented was sufficient to warrant placing both accused persons on their defense. “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,” said Justice Kavedza.
According to the ODPP, Hussein Mohamed Abdille Ali and Mohamed Abdi Ali are jointly charged with conspiracy to commit an offence contrary to section 23(2), as read with section 23(4), of the Prevention of Terrorism Act. They are also charged with committing a terrorist act contrary to section 4(2) of the same Act.
In addition to these joint charges, Hussein Mohamed Abdille Ali faces an additional charge of facilitating a terrorist act. Mohamed Abdi Ali, on the other hand, faces a staggering fourteen counts of facilitating terrorist activities.
The DPP now wants the court to issue a conviction and hand down appropriate sentences, citing the gravity of the crimes and the loss of innocent lives. The attack at the upscale DusitD2 complex in Nairobi in January 2019 shocked the nation and drew global attention, as it underscored the persistent threat of terrorism in Kenya and the wider East African region.
The case now awaits final determination following the defense proceedings.