A Kwale court has extended the detention of a Dutch national at the centre of a viral incident in Diani, following his arrest over allegations of assault, disturbance, and suspected involvement in drug-related activities.
In a statement on Thursday, October 30, the Office of the Director of Public Prosecutions (ODPP) confirmed that the suspect, 47-year-old Elwin Ter Horst, will remain in custody for 14 days to allow investigators to complete ongoing inquiries into the multiple charges he faces.
"A Kwale court has granted a 14-day custodial order for a Dutch national arrested in Diani over allegations of assault, disturbance, and suspected involvement in drug trafficking," the statement read.
The ODPP explained that the suspect’s arrest followed a violent confrontation in Diani that was captured on video and widely shared on social media.
"The suspect, Elwin Ter Horst, aged 47, was arrested at Boma Banda Cottage in Diani following reports of violent conduct, including assaulting police officers, spitting on one of them, and damaging property at Diani Police Station.
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"He is also accused of assaulting his Kenyan girlfriend, Angela Atieno, in a separate incident," the statement added.
During the court session, Senior Assistant Director of Public Prosecutions (SADPP) Rosemary Nandi argued that the suspect’s continued detention was necessary to ensure the completion of a comprehensive investigation into all allegations.
According to Nandi, investigators are following up on key leads linking the suspect to several criminal acts that occurred during and after his arrest.
She stressed the seriousness of the case and the need for a thorough probe before the suspect could be formally charged.
"Senior Assistant Director of Public Prosecutions (SADPP) Rosemary Nandi, successfully argued that the suspect’s continued detention was necessary to enable completion of investigations. She explained to court that detectives were probing multiple offences, including assault, malicious damage to property, resisting arrest, and suspected drug-related activities.
"Nandi emphasized the gravity of the allegations and the need to secure justice for the victims while safeguarding the integrity of the investigations. She further noted that the DPP’s office remains committed to ensuring accountability and upholding the rule of law, regardless of the suspect’s nationality," the statement further read.
As such, Senior Resident Magistrate Joy Mutimba ruled in favour of the prosecution’s application, allowing police to hold the accused at Port Police Station for two more weeks.
"Senior Resident Magistrate Hon. Joy Mutimba granted the application, allowing police to detain the accused at Port Police Station for 14 days pending conclusion of investigations," the statement concluded.
The matter is expected to return to court on November 13, 2025.
Horst was initially arrested for assaulting his girlfriend at a local hotel.
However, it was his conduct inside the police station that drew national attention after footage surfaced online showing him hurling insults at officers and behaving in a degrading manner.
In the video, Ter Horst can be seen insulting police officers, blowing his nose toward one of them, and wiping mucus from his hand onto the officer’s trousers.
The officer, who remained composed, appeared to respond minimally despite the provocation.
The National Police Service (NPS) described the behaviour as shameful and unacceptable, insisting that such conduct will not be tolerated under any circumstances.
"The National Police Service (NPS) strongly condemns a recent incident involving the verbal assault and public harassment of police officers by a suspect in Diani, Kwale County.
"The incident, which occurred on 28th October 2025 at Diani Police Station, involved a foreign national identified as Mr. Elwin Ter Horst, who directed abusive and demeaning language at police officers while they were performing their lawful duties," the statement read.
It added, "The feedback received is unanimous - this was crass, despicable, and utterly unacceptable behaviour by a suspect in lawful custody. NPS condemns this act in the strongest possible terms, emphasizing that such conduct cannot and will not be tolerated under any circumstances."
