A Dutch national, Elwin Ter Horst, who was arrested two weeks ago for assaulting a police officer in Diani, Kwale County, has been released unconditionally after the court determined he is unfit to stand trial due to health reasons.
Senior Resident Magistrate Joy Mutimba delivered the ruling on Friday, following a medical report from Port Reitz Hospital, which confirmed that Ter Horst suffers from bipolar disorder and another medical condition that prevents him from taking a plea.
Court documents indicate that Ter Horst was facing four charges, including drug trafficking, assault causing bodily harm, malicious damage to property, and creating a disturbance.
Last month, the Dutchman was captured in a viral video verbally attacking, humiliating, and spitting at a police officer at the Diani Police Station. He was subsequently detained for 14 days. The release follows a request from the Senior Assistant Director of Public Prosecutions (SADPP), Rosemary Nandi, for more time to complete investigations.
In addition to the incident at the police station, Ter Horst was also accused of assaulting his Kenyan girlfriend, Angela Atieno, in a separate case.
The National Police Service (NPS) condemned the attack, describing the behavior as “crass, despicable, and utterly unacceptable.” NPS Spokesperson Muchiri Nyaga applauded the officers’ restraint and professionalism despite the provocation, noting that their conduct reflects the “high level of discipline and maturity” expected of law enforcement personnel.
The case has sparked public debate about handling suspects with mental health conditions while ensuring the safety and dignity of law enforcement officers. Authorities continue to investigate the full circumstances surrounding Ter Horst’s actions.
