Quote from Lawyer on June 20, 2025, 7:01 am

The Kahawa Law Court in Nairobi has sentenced two men, Hussein Mohamed Abdille Ali, 22, and Mohamed Abdi Ali, 61, to 30 years in prison each for their roles in facilitating the deadly 2019 Dusit D2 hotel and office complex terror attack. The attack, which took place on January 15, 2019, claimed the lives of 21 people, including foreign nationals, and left several others with life-threatening injuries. The sentencing, delivered by High Court Judge Diana Kavedza, marks a significant milestone in Kenya’s ongoing fight against terrorism.

The Dusit D2 complex, located in Nairobi’s upscale Westlands District at 14 Riverside Drive, was the target of a meticulously planned assault by Al-Shabaab, an Al-Qaeda-linked militant group based in Somalia. The attack began at approximately 2:30 PM EAT when a suicide bomber, identified as Khalid Mahir Riziki, detonated an explosive vest outside the Secret Garden Restaurant within the complex. Moments later, four heavily armed gunmen stormed the premises, firing indiscriminately and throwing grenades. The siege lasted over 19 hours, with Kenyan security forces, including the elite Recce Company of the General Service Unit, engaging the attackers in a prolonged operation that ended with all five militants neutralized.

The attack left a devastating toll: 21 civilians, including a Kenyan soldier, an American, and a Briton, were killed, and 28 others were injured. The complex, home to the Dusit D2 Hotel, international businesses, and organizations like LG Electronics and Colgate Palmolive, saw its occupancy rates plummet from 100% to 55% post-attack, with daily human traffic dropping from approximately 2,500 to 200. Survivors continue to grapple with physical injuries, psychological trauma, and financial burdens, with one victim reported to have bullets lodged in their body, leading to ongoing medical complications.

Hussein Mohamed Abdille Ali and Mohamed Abdi Ali were found guilty on May 22, 2025, of conspiracy to commit a terrorist act and facilitation of a terrorist act under Section 9A of Kenya’s Prevention of Terrorism Act. The prosecution, led by the Office of the Director of Public Prosecutions (DPP), presented a robust case supported by 45 witnesses and extensive evidence, including CCTV footage, financial records, and communication logs.

Key Evidence Against the Convicts

• Financial Support: The court established that Mohamed Abdi Ali transferred KSh 836,900 (approximately USD 6,500) via mobile money to an accomplice linked to Al-Shabaab, directly supporting the planning and execution of the attack.

• Fake Identification Documents: Both men were found to have aided the attackers by securing fraudulent identification documents. Hussein Abdille Ali facilitated the falsification of a birth certificate, which was transmitted to a coordinator known as Adamu Chege via Facebook. These documents enabled one of the attackers, Siyat Omar Abdi, to leave the Dagahaley refugee camp undetected and join the lead attacker, Ali Salim Gichunge, in Nairobi.

• Logistical Support: The duo provided critical logistical assistance, including communication with attackers and coordinators. Evidence showed 22 phone calls from a Somali number to the suicide bomber, Riziki, who had entered Kenya from Somalia via El Wak on January 11, 2019. CCTV footage also confirmed that Riziki conducted reconnaissance at the complex a day before the attack.

The court dismissed Hussein Abdille’s defense that he was only 15 years old at the time of the attack and thus incapable of aiding the terrorists. Medical testimony from a doctor at Mbagathi Hospital confirmed that Abdille’s wisdom teeth had erupted, indicating he was over 17. “The mouth can lie, but teeth do not lie,” the doctor testified, solidifying the prosecution’s case.

Delivering the sentence on June 19, 2025, Judge Diana Kavedza emphasized the critical role of facilitators in enabling terrorist activities. “Without financiers, facilitators, and sympathizers, terrorists cannot actualize their activities,” she stated. “The convicts may not have physically wielded the weapons that caused harm to the victims, but their facilitation directly enabled attackers who were heavily armed with guns, grenades, and suicide vests.”

Mohamed Abdi Ali was sentenced to 15 years for each of 14 counts of facilitating a terrorist act, to run concurrently, and an additional 15 years for conspiracy to commit a terrorist offense. Hussein Mohamed Abdille Ali received 15 years for conspiracy and another 15 years for facilitation, also to run concurrently, resulting in a total of 30 years for each convict. The judge noted the profound impact of the attack, stating, “This was not a crime with isolated harm; 21 lives were lost. The emotional scars of the attack run deep.”

The DPP had urged the court to impose maximum, consecutive sentences to reflect the severity of the crime and deter future acts of terrorism. Victim impact statements highlighted the lasting trauma, with one survivor, American national Joseph Spindler, recounting the loss of his son, Jason, who died at 40. “Losing him was a wound that never heals,” Spindler told the court.

Al-Shabaab claimed responsibility for the Dusit D2 attack, citing retaliation for then-U.S. President Donald Trump’s 2017 decision to recognize Jerusalem as Israel’s capital. The attack coincided with the third anniversary of the 2016 Al-Shabaab raid on a Kenyan Defence Forces base in El Adde, Somalia, underscoring the group’s ongoing vendetta against Kenya for its military presence in Somalia since 2011.

Kenya has faced multiple high-profile terrorist attacks, including the 1998 U.S. Embassy bombing, the 2013 Westgate Mall attack (67 deaths), and the 2015 Garissa University attack (148 deaths). The Dusit D2 attack highlighted vulnerabilities in security, despite enhanced measures at high-end venues post-Westgate. The convictions of Abdille and Ali signal Kenya’s commitment to dismantling terror networks by targeting not only the attackers but also their enablers.

The Directorate of Criminal Investigations (DCI) praised the convictions as “a key milestone in efforts to combat terrorism and dismantle terror networks across the country.” The investigation uncovered a trail of evidence, including 177 SIM cards from a residence in Muchatha, Kiambu County, and a Nokia phone linked to lead attacker Ali Salim Gichunge, which traced communications to Al-Shabaab’s operations base in Jilib, Somalia.

The sentencing has been widely covered by Kenyan media and on platforms like X, where posts from outlets such as @NationAfrica and @citizentvkenya described it as a step toward justice. @TerrorismReport emphasized, “Justice served. The message is clear: terror has consequences.”

The ruling has sparked discussions on the need for stronger counterterrorism measures, including improved border security and monitoring of financial transactions. The use of mobile money and social media platforms like Facebook by the attackers highlights the evolving nature of terrorist operations, necessitating advanced investigative techniques.

The convicts have 14 days to appeal the sentence, but for now, the ruling offers closure to survivors and families of the victims. As Judge Kavedza noted, “Kenyans remember the fear, the pain, and the trauma, but importantly, the courage of the victims who lost their loved ones, their jobs, their businesses, and those who still bear the physical scars.

The sentencing of Hussein Mohamed Abdille Ali and Mohamed Abdi Ali underscores Kenya’s resolve to hold terrorism facilitators accountable. As the nation continues to heal from the scars of the Dusit D2 attack, this ruling serves as a reminder of the importance of vigilance, robust prosecution, and community resilience in the face of terror. The fight against Al-Shabaab and its networks remains ongoing, with Kenya standing firm in its commitment to justice and security.