Lawyer Wins Ksh 6.9M After Unlawful Prosecution Over Terror Attack

The High Court of Kenya has awarded a lawyer, Cabdinuur Sheikh Ismail, Ksh 6.9 million in compensation. This decision came after the court found the Office of the Director of Public Prosecutions (ODPP) violated his constitutional rights by prosecuting him over the 2019 DusitD2 hotel terror attack, despite insufficient evidence.

Justice Patricia Mande stated on Thursday that the ODPP breached Article 157(11) of the Constitution by initiating charges without supporting facts. The court also found that the ODPP infringed upon the lawyer's right to equal legal protection under Article 27.

Mr. Ismail, who was arrested in January 2019 at his Nairobi home, was accused of aiding terrorism and financing it through his M-Pesa business. He was detained for 39 days before formal charges, spending nearly three years in court until his release in March 2022 due to a lack of evidence.

The court did not find malicious intent by the ODPP but acknowledged the violation of the lawyer's right to freedom and security under Article 29. The compensation includes Sh1.9 million for legal fees and Sh5 million as general damages.