A Dutch national, Elwin Ter Horst, who had been arrested for assaulting a police officer in Diani, Kwale County, has been released unconditionally after a court ruled that he is medically unfit to stand trial.
Senior Resident Magistrate Joy Mutimba issued the decision on Friday following the submission of a medical report from Port Reitz Hospital. The report indicated that Ter Horst suffers from bipolar disorder and another medical condition that makes him incapable of taking a plea or participating meaningfully in court proceedings.
Ter Horst had been facing four charges, including drug trafficking, assault causing bodily harm, malicious damage to property, and creating a disturbance.
In October, the foreign national went viral after a video showed him verbally abusing, humiliating, and spitting at a police officer at the Diani Police Station. He was subsequently detained for 14 days as investigators sought more time, a request earlier made by Senior Assistant Director of Public Prosecutions Rosemary Nandi.
He was also accused of assaulting his Kenyan girlfriend, Angela Atieno, in a separate incident.
The National Police Service (NPS) condemned the incident in a strongly worded statement, with NPS Spokesperson Muchiri Nyaga calling the Dutchman’s conduct “crass, despicable, and utterly unacceptable behaviour.” Nyaga added that such acts undermine the dignity of law enforcement officers and praised the officers present for their restraint and professionalism.
Ter Horst’s release means the criminal proceedings against him cannot continue unless his health status changes.
