Two terrorists who were found guilty of facilitating the 2021 terror attack at the Dusit D2 Complex in Nairobi have each been handed 30-year jail sentences.
In a landmark judgement delivered on Thursday, 19 June, the Kahawa Anti-Terror Court stated that the two, a 61-year-old madrassa teacher and a 22-year-old, are to cumulatively spend 60 years in prison.
The teacher was sentenced to 15 years in prison after being found guilty of 14 counts of facilitation of a terrorist act. In addition, he was handed a further 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 the 22-year-old to serve 15 years’ imprisonment after he was convicted of conspiracy to commit an offence, and another 15 years for facilitation of a terrorist act under the Prevention of Terrorism Act. The sentences 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 the two suspects beyond reasonable doubt.
During initial court proceedings, the court found that one of the suspects facilitated the attack by transferring Ksh836,900 through mobile money to an accomplice who was also a member of the Al Shabaab militia.
In its presentation, the prosecution told the court that the transactions occurred between October 14, 2018, and January 12, 2019, in the Soko Mbuzi area of Mandera County.
The prosecution went on to present a total of 45 witnesses, whose testimonies were pivotal in securing the convictions. When the case began, the suspects were three; however, one was earlier convicted after pleading guilty.
During the case, the Director of Public Prosecutions had urged the court to grant maximum sentences to the convicts and for the sentences to run consecutively, to enable them to reflect on the severity of their actions.
He had also advocated for a stringent, deterrent sentence to be imposed, to serve as a strong message against future acts of terrorism and affirm the justice system’s commitment to holding perpetrators accountable for their crimes.
The incident involved Al Shabaab militia who shot their way into the luxurious hotel and office complex, killing 21 people on the spot and sieging the premises for over 12 hours.
The coordinated attack began in the afternoon, leading to a standoff that continued through the night, with people trapped in various parts of the buildings for the entire night.
CCTV footage obtained by detectives showed three armed men, dressed in dark clothing, entering the hotel with their faces uncovered. Minutes later, gunshots were heard, with one of the men captured on camera spraying bullets at the victims.
