Thursday, June 19, 2025 - The Kahawa Anti-Terror Court has sentenced a 61-year-old madrassa teacher to 30 years’ imprisonment for facilitating a terrorist attack at the Dusit D2 Hotel Complex in Nairobi.
Mohamed Abdi Ali was sentenced to 15 years for each of 14
charges of Facilitation of a Terrorist act contrary to Section 9A of the
Prevention of Terrorism Act which will run concurrently, and an additional
sentence of 15 years for the charge of Conspiracy to commit an offence contrary
to Section 23(2) as read with 23(4) of the Prevention of Terrorism Act 2012.
The court also sentenced a 22-year-old Hussein Mohamed
Abdille Ali to serve 15 years’ imprisonment after he was convicted with an
offence of Conspiracy to commit an offence and another 15 years for
Facilitation of a Terrorist act under the Prevention of Terrorism Act.
The sentence will run consecutively.
The two men were linked to the January 15, 2019, terrorist
attack at the Dusit D2 Hotel Complex in Nairobi, which claimed the lives of 21
people, including foreign nationals, and left several others with
life-threatening injuries.
Delivering a sentence on Thursday, Lady Justice Diana Kavedza
ruled that the court was satisfied that the prosecution had proved its case
against Hussein Mohamed Abdille and Mohamed Abdi Ali beyond reasonable doubt.
The DPP submitted to court that the Dusit D2 complex attack
resulted in the tragic loss of 21 vibrant and enterprising professionals, and
the survivors have continued to grapple with the lasting effects of the attack,
living with trauma that haunted their daily lives.
The DPP highlighted in court a victim impact statement report
that was filed by the Probation and Aftercare Service officer stating that one
of the survivors has bullets lodged in his body, leading to ongoing medical
complications and substantial medical bills that strain his financial
resources.
In addition, American national Joseph Spindler, a father of
Jason Spindler, narrated to the court how his son’s life was cut short in a
terrorist attack by Al-Shabaab at the DusitD2 hotel complex in Nairobi, Kenya.
In his victim impact statement report to court ahead of
sentencing, Spindler recalled how his firstborn child died at 40 years old in a
country he enjoyed working in, and losing him was a wound that never heals.
“Your Honor, I’m not here for revenge but for justice. Under
Kenyan law, those who collaborated with terrorists must face the full weight of
justice. Jason was a survivor, a doer, and a visionary. He deserved a future,
not a grave marked by the shrapnel from a terrorist’s suicide vest,” said
Spindler in his statement.
The court also heard that prior to the attack, the employees
at the Dusit D2 complex enjoyed enhanced income through salaries, bonuses, and
incentives linked to the charges of the tenants who fully occupied the complex,
with occupancy rates plummeting to 100% with human traffic approximately 2,500
daily.
After the terror attack, the occupancy rates declined to 55%,
and human traffic reduced to about 200 people daily.
The DPP urged the court to grant maximum sentences to the
convicts and that the sentences should run consecutively to enable them to
reflect on the severity of their actions.
He also advocated for a stringent, deterrent sentence to be
imposed, serving as a strong message against future acts of terrorism and
affirming the justice system’ commitment to holding perpetrators accountable
for their crimes.
Hon. Lady Justice Kavedza, in her judgement noted that
Kenyans remember the fear, the pain, and the trauma, but importantly, the
courage of the victims who lost their dear and loved ones, those who lost their
jobs, their businesses and those that still bear the physical scars, and stated
that this judgement spoke for the survivors who deserve closure.
“What followed was one of the most comprehensive counter
terrorism investigations in Kenya’s history, as law enforcement agencies
pursued not only the attackers’ immediate associates but also financiers,
facilitators and logistical coordinators who enabled the attack.” The court
ruled.
The prosecution, led by Assistant Director of Public
Prosecutions Mr. Duncan Ondimu, OGW, and Principal Prosecution Counsels Mr.
James Machira and Mr. Kennedy Amwayi, presented a total of 45 witnesses whose
testimonies were pivotal in securing the jail terms.
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