- A Kwale County court has released 47-year-old Dutch national Elwin Ter Horst after a medical evaluation deemed him unfit to stand trial.
- Ter Horst was arrested on October 28, 2025, for assaulting police officers and damaging property, among other charges.
- A medical report confirmed he suffers from bipolar disorder and substance-use issues, leading to the court’s decision to terminate prosecution.
Elwin Ter Horst, a 47-year-old Dutch national, was arrested on October 28, 2025, after a disturbing confrontation at the Diani Police Station in Kwale County. According to police reports and video footage circulating online, Ter Horst verbally abused and physically assaulted officers. He was facing four charges: assaulting police officers, malicious damage to property, creating a disturbance, and drug trafficking.
During the trial, a medical report from Port Reitz Hospital confirmed that Ter Horst suffers from bipolar disorder and substance-use issues, which, according to the court, made him unfit to stand trial. Senior Resident Magistrate Joy Mutimba, presiding over the case, ruled to terminate the prosecution and released Ter Horst into the care of the Netherlands Embassy in Nairobi for further administrative actions, including the possibility of deportation.
The National Police Service (NPS) strongly condemned Ter Horst’s behaviour, calling it “crass, despicable, and utterly unacceptable.” However, the NPS also commended the officers involved for maintaining restraint despite the provocation.
The case highlights the delicate balance between public misconduct and the legal requirements for determining a suspect’s medical fitness to stand trial. While incidents involving foreign nationals can sometimes ignite public outrage, the Kenyan legal system remains obligated to consider the individual’s health before proceeding with legal action.
