A Dutch national, Elwin Ter Horst, who had been arrested for assaulting a police officer in Diani, Kwale County, has been released unconditionally after the Kwale Law Court ruled that he is medically unfit to stand trial.
Senior Resident Magistrate Joy Mutimba issued the ruling on Friday, based on a medical report from Port Reitz Hospital indicating that Ter Horst suffers from bipolar disorder and an additional condition that prevents him from taking a plea.
Ter Horst had been facing four charges: drug trafficking, assault causing bodily harm, malicious damage to property, and creating a disturbance. His case gained national attention last month after a viral video showed him verbally abusing, humiliating, and spitting at a police officer at the Diani Police Station. He had been detained for 14 days as investigations continued.
The court had granted more time for investigations following a request by Senior Assistant Director of Public Prosecutions (SADPP) Rosemary Nandi. Ter Horst was also accused of assaulting his Kenyan girlfriend, Angela Atieno, in a separate incident.
The National Police Service (NPS) condemned the Dutchman’s behaviour after the video circulated widely online. NPS Spokesperson Muchiri Nyaga criticised the conduct as “crass, despicable, and utterly unacceptable,” stressing that such actions undermine the dignity of law enforcement.
Nyaga also praised the officers involved for their restraint and professionalism despite the provocation, noting that their response demonstrated the discipline and maturity expected within the police service.
