A Dutch man, Elwin Ter Horst, who was arrested for assaulting a police officer in Diani, Kwale County, has been released unconditionally.
The Kwale Law Court made the decision after medical reports showed that he is not fit to stand trial due to health reasons.
The ruling was delivered by Senior Resident Magistrate Joy Mutimba on Friday. The court received a medical report from Port Reitz Hospital, which confirmed that Ter Horst suffers from bipolar disorder.
The report also indicated that he has another health condition that prevents him from taking a plea. This means he cannot legally defend himself in court at this time.
Ter Horst had been facing several serious charges. These included drug trafficking, assault causing bodily harm, malicious damage to property, and creating a disturbance.
Each of these charges carries serious legal consequences. However, because of his medical condition, the court concluded that proceeding with the case would not be fair or lawful.
The case attracted national attention after a video of Ter Horst went viral. The video showed him insulting, humiliating, and spitting on a police officer at the Diani Police Station.
The officers handled the situation professionally, but the public was shocked by his aggressive behavior.
At the time, Ter Horst was detained for 14 days while the police and prosecution carried out further investigations.
The court proceedings also revealed that Ter Horst had been involved in another disturbing incident. He was accused of assaulting his Kenyan girlfriend, Angela Atieno.
This separate case highlighted concerns about his behavior and his mental state.
Authorities emphasized that these incidents are being taken seriously, even as his medical condition complicates legal action.
The National Police Service (NPS) condemned Ter Horst’s actions. In a statement, NPS Spokesperson Muchiri Nyaga called his behavior “crass, despicable, and utterly unacceptable.”
He noted that assaulting police officers undermines the integrity of the law enforcement service and cannot be tolerated.
Nyaga, however, praised the officers who were attacked, saying they showed “restraint and professionalism” despite the provocation.
Their calm and disciplined response was described as a reflection of the high standards expected of Kenyan police officers.
The incident sparked debates about how the justice system handles cases involving foreigners with mental health issues.
While Ter Horst cannot be tried at the moment, authorities continue to monitor his situation. The SADPP (Senior Assistant Director of Public Prosecutions), Rosemary Nandi, had previously requested more time to complete investigations.
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