Why Was Elwin Ter Horst Declared Unfit to Stand Trial?
Dutch national Elwin Ter Horst, who was arrested two weeks ago for assaulting a police officer in Diani, Kwale County, has been released unconditionally after the Kwale Law Court ruled that he is medically unfit to stand trial. Senior Resident Magistrate Joy Mutimba made the decision on Friday after reviewing a medical report from Port Reitz Hospital. The report stated that Ter Horst suffers from bipolar disorder along with another health condition that prevents him from taking a plea, leading the court to halt all proceedings.
Court documents show that Ter Horst faced four charges, which included drug trafficking, assault causing bodily harm, malicious damage to property, and creating a disturbance. His case had drawn widespread public attention after he was captured in a viral video last month verbally attacking a police officer at the Diani Police Station. The footage showed him shouting, insulting, humiliating, and spitting at the officer before he was detained for 14 days.
The investigation period was extended earlier after Senior Assistant Director of Public Prosecutions Rosemary Nandi requested more time for the prosecution to finalize its findings. In addition to the police station incident, Ter Horst was also accused of assaulting his Kenyan girlfriend, Angela Atieno, in a separate case that added to concerns about his behaviour.
The National Police Service later issued a strong condemnation of the incident after the video circulated widely online. NPS Spokesperson Muchiri Nyaga described Ter Horst’s actions as “crass, despicable, and utterly unacceptable behaviour,” noting that such conduct threatens the dignity and authority of law enforcement in the country.
Nyaga praised the officers who handled the situation, stating that their level of restraint demonstrated a commendable commitment to professionalism. He added that their response reflected the “high level of discipline and maturity” expected from police officers even under provocation.
By Lucky Anyanje