A Dutch national who was arrested two weeks ago for assault in Diani has been freed by a Kwale court for being medically unfit to take a plea.
Senior Resident Magistrate Joy Mutimba ordered Elwin Ter Horst to be freed following a mental examination that was carried out 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 thus not be charged at the moment,” Ms Mutimba said on Wednesday.
She added that the foreigner will be released into the care of the Embassy of the Kingdom of Netherlands in Nairobi for further action “owing to the fact that he is mentally unwell”.
Mr Horst’s arrest had caused public anger following a viral video that showed him spitting and insulting police officers at the Diani Police Station two weeks ago. The officers had arrested him for assaulting his Kenyan girlfriend and causing disturbance at his rented cottage.
Police also reported that they had found a whitish substance suspected to be narcotic drugs while searching his room, prior to his arrest.
He was then taken to Kwale court where the Office of the Director of Public Prosecution requested 14 days to conduct investigations over trafficking of narcotics, malicious damage to property and causing bodily harm. Mr Horst told the court that he regretted his actions and pleaded 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 have him deported, but this drew opposition from human rights groups and citizens who demanded that he be charged in Kenya.
His misconduct was also condemned by the National Police Service, who commended officers involved for their restraint and professionalism in handling the suspect when he assaulted them at the station.
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