- At the time the trial was being heard, he was never granted bail. This means he remains with four more years before release.
- The DPP in its application seeks to suspend his release pending the determination of their application before the court and subsequent appeal.
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The office of the Director of Public Prosecutions has filed an application seeking to stop the release of Mohamed Abdi Ali convicted of terror-related charges.
Ali alias Abu Fidaa was sentenced to serve 12 years in prison.
His jail term was to start running from the date he was arrested that is in 2016.
At the time the trial was being heard, he was never granted bail. This means he remains with four more years before release.
The DPP in its application seeks to suspend his release pending the determination of their application before the court and subsequent appeal.
Senior principal prosecution counsel Duncan Ondimu says the offenses Ali was charged with are serious and the court should examine whether his acquittal in some of the charges was proper.
He argues that the sentence imposed on Ali was not proper and did not take into consideration the principles and guidelines of sentencing.
"We are dissatisfied and aggrieved with part of the judgment of the trial court and have since requested a copy of the typed certified proceedings," Ondimu says.
The DPP further states that Ali is not entitled to remission as there was no Risk Assessment Report from the National Counter Terrorism Centre (NCTC) as he had alleged.
"There is a need for the Report in determining whether the Respondent is entitled to remission," the DPP says
"Based on Section 46 of the Prisons Act CAP 90 that provides for remission of sentence, there is a very high risk of the appeal being rendered useless by the release of the Convict before hearing of the appeal," the DPP adds.
Under the Kenya Prisons Act, only convicted criminal prisoners sentenced to imprisonment for a period exceeding one month, maybe by industry and good conduct earn a remission of one-third of their sentence or sentences.
Ali was found guilty of being a member of a terrorist group, organising a meeting in support of terrorist groups and recruitment of members of a terrorist group.
He was also convicted of collecting information and possession of articles connected with the commission of terrorist acts. But the court sentenced him to 12 years on all counts which was to start running from the date of arrest.