Court halts release of medic convicted of terrorism

Justice Mutende suspended Mohamed Abdi Ali's release pending application by ODPP

In Summary
  • The Judge at the same time said the convict should not be granted remission by the Kenya Prisons Service until the DPP's application and subsequent appeal are heard and determined.
Ruling
Ruling
Image: The Star

The High Court has stopped the release of a medic convicted of terrorism-related charges.

Justice Lilian Mutende suspended Mohamed Abdi Ali's release from custody pending an application filed by the office of the Director of Public Prosecutions.

The Judge at the same time said the convict should not be granted remission by the Kenya Prisons Service until the DPP's application and subsequent appeal are heard and determined.

Ali alias Abu Fidaa was sentenced to 12 years imprisonment on April 22, 2024, for various terrorism offences.

The sentence is to run from the date of arrest which was 29th April, 2016. He was due to remain for four years but the DPP told the court he was to be released on Monday, April 29, 2024, based on the grant of remission.

However, the DPP told the court there was no risk assessment report from the National Counter Terrorism Center (NCTC) as alleged by Ali.

They told the court there is a need for the report to determine whether he is entitled to remission.

Under the Kenya Prisons Act, only convicted criminal prisoners sentenced to imprisonment for a period exceeding one month, may by industry and good conduct earn a remission of one-third of their sentence or sentences.

The case will be heard on Monday at 9 am.

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