Dutch Man Accused of Assault in Diani Freed After Court Rules He Is Mentally Unfit for Trial

A Dutch national accused of assaulting a police officer in Diani, Kwale County, has been released unconditionally after a court ruled that he is unfit to stand trial due to mental health conditions

Senior Resident Magistrate Joy Mutimba delivered the decision on Friday following a medical report from Port Reitz Hospital, which confirmed that Elwin Ter Horst suffers from bipolar disorder and another 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

He was arrested last month after a viral video showed him insulting, humiliating and spitting at a police officer at Diani Police Station. He was subsequently detained for 14 days as investigators sought more time to complete inquiries, following a request by Senior Assistant Director of Public Prosecutions Rosemary Nandi

In a separate incident, he was also accused of assaulting his Kenyan girlfriend, Angela Atieno

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The National Police Service (NPS) later condemned his conduct, describing it as “crass, despicable, and utterly unacceptable.” NPS Spokesperson Muchiri Nyaga said the behaviour undermined the dignity of law enforcement officers, while commending the officers involved for their restraint and professionalism

Ter Horst has now been released without conditions, with the court noting that his health renders him unable to participate in legal proceedings