A court in Kwale has ordered the release of a Dutch national who was captured on video last month allegedly assaulting police officers at Diani Police Station, citing mental health concerns.
According to the presiding judge, Joy Mutimbame, Elwin Ter Horst was diagnosed with bipolar disorder and was deemed unfit to continue with the legal proceedings.
The court directed that he be handed over to the Dutch Embassy in Nairobi for further action regarding his conduct and to address his medical condition.
During the proceedings, medical experts presented evidence that Ter Horst suffers from bipolar disorder, a mental health condition that affects mood regulation.
The court determined that he was not in a position to continue with the case and recommended that he discontinue drug use and smoking and return to productive activities.
Read More
Speaking after his release, Ter Horst expressed his affection for Kenya, stating, "I live happily in Kenya. I have recently decided to move to this country after four years. And that is because I love the people in Kenya. It is because I love how you are in life. You don't take life as seriously as the people in Europe."
Ter Horst was initially taken into custody on October 28, 2025, following allegations that he had assaulted his girlfriend at a hotel in Diani. However, it was his behavior while in police custody that sparked nationwide outrage after video footage circulated widely on social media.
The viral video showed Ter Horst directing abusive language at police officers while they performed their duties.
In alarming scenes, he was seen blowing his nose in the direction of an officer and wiping mucus from his hand onto the officer's trousers. Throughout the confrontation, the officers maintained their composure despite the provocative behavior.
The National Police Service (NPS) issued a strong condemnation of the incident, describing the conduct as "shameful and unacceptable."
"The National Police Service strongly condemns a recent incident involving the verbal assault and public harassment of police officers by a suspect in Diani, Kwale County," the NPS statement read.
"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."
