A Dutch national filmed assaulting two police officers at Diani Police Station in Kwale County has been released after a court ruled him unfit to stand trial.
On Friday, November 14, a Kwale court declared that Elwin Ter Horst would not face charges for the alleged attack, citing his diagnosis of bipolar disorder.
Bipolar disorder is a mental health condition marked by extreme mood swings, including periods of unusually high energy and depressive episodes.
Judge Releases Dutch Citizen Filmed Assaulting Two Officers in Diani Due to Mental Health Condition. Photo: Courtesy.
High-energy phases can involve elevated mood, rapid speech, and reduced need for sleep, while depressive episodes are characterized by feelings of sadness, hopelessness, and low energy.
Kwale Senior Resident Magistrate Joy Mutimba issued the ruling after reviewing Horst’s medical report, which confirmed that his condition prevents him from entering a plea.
Court documents show that the Dutch national faced multiple charges, including drug trafficking, assault causing bodily harm, destruction of property, and creating a disturbance.
Following his medical assessment, the Kwale court ordered Horst’s immediate and unconditional release, with the case file possibly closed.
Horst was arrested on October 29 after a video of him allegedly assaulting two police officers went viral, sparking public outrage.
The footage showed him spitting on the officers, who remained calm as they waited for the situation to de-escalate.
The National Police Service (NPS) condemned the foreigner’s actions and reminded the public to address any grievances through proper channels rather than resorting to violence.
