The Kahawa Anti-Terror Court has sentenced a 61-year-old madrassa teacher, Mohamed Abdi Ali, to 30 years in prison for facilitating a terrorist attack at the Dusit D2 Hotel Complex in Nairobi.
In a statement, the ODPP said 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 of 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 two convicts 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.
While delivering the 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 a reasonable doubt.
The Court was also informed 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.
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,” she ruled.
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