A Dutch national, Elwin Ter Horst, has been released unconditionally after a Kwale court ruled that he is not fit to stand trial, two weeks after he was arrested for assaulting a police officer at the Diani Police Station.
The court’s decision followed a medical assessment confirming that his health condition would not allow him to take a plea.
Senior Resident Magistrate Joy Mutimba issued the ruling on Friday after receiving a report from Port Reitz Hospital.
The medical team stated that Ter Horst is living with bipolar disorder, along with another condition that limits his ability to participate in court proceedings.
Court records show that he was facing four charges, including drug trafficking, assault causing bodily harm, malicious damage to property, and creating a disturbance.
His arrest came after a video circulated online showing him verbally attacking, insulting, and spitting at a police officer inside the Diani station.
He had been held for 14 days as investigations continued.
The detention was extended last month after Senior Assistant Director of Public Prosecutions Rosemary Nandi asked the court for more time to complete the probe.
Ter Horst was also separately accused of assaulting his Kenyan girlfriend, Angela Atieno.
The National Police Service later condemned the incident after the video went viral, describing his actions as disrespectful and unacceptable.
In a statement, NPS Spokesperson Muchiri Nyaga criticised the behaviour, calling it “crass, despicable, and utterly unacceptable behaviour,” and warned that such conduct undermines the dignity of the police service.
He commended the officers who handled the situation for their patience, saying their “restraint and professionalism” reflected the “high level of discipline and maturity” expected from law enforcement personnel.
