Dutch National Who Spat on Police Officer in Diani Released Over Mental Health Concerns
A Dutch national arrested for assaulting a police officer in Diani two weeks ago has been released by Kwale Court after being declared medically unfit to take a plea.
Senior Resident Magistrate Joy Mutimba ruled on Wednesday that Elwin Ter Horst would not face charges at this time following a mental health assessment conducted last week.
“The accused person is not fit to plead owing to a letter dated November 4, 2025, which indicates that he suffers from bipolar mood disorder with comorbid polysubstance use. He will not be charged at the moment,” Ms Mutimba stated.
The magistrate further ordered that Ter Horst be released into the care of the Embassy of the Kingdom of the Netherlands in Nairobi, “owing to the fact that he is mentally unwell.”
Ter Horst’s arrest had sparked widespread public anger after a video circulated online showing him spitting and verbally insulting police officers at Diani Police Station. The officers had intervened following reports that he assaulted his Kenyan girlfriend and caused a disturbance at the rented cottage where he was staying.
Police also reported that they found a whitish substance suspected to be narcotics during a search of his room prior to the arrest. He was subsequently taken to Kwale Court, where the Office of the Director of Public Prosecutions requested 14 days to investigate allegations of narcotics trafficking, malicious damage to property, and causing bodily harm.
In court, Ter Horst expressed remorse for his actions and appealed not to be deported. “I say sorry, it was wrong. It is not that I wanted to do that. I want to live peacefully and happily in Kenya. I decided to move to this country because I love the people of Kenya,” he said.
Earlier, police had indicated an intention to deport Ter Horst. However, this plan faced opposition from human rights groups and members of the public, who argued that he should be prosecuted under Kenyan law.
The National Police Service condemned Ter Horst’s behaviour but commended officers for their restraint and professionalism in handling the suspect during the incident at the station.
This case highlights the complex intersection of mental health, public safety, and the handling of foreign nationals in Kenya’s legal system, sparking debate about appropriate measures in such incidents.
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Dutch National Who Spat on Police Officer in Diani Released Over Mental Health Concerns