Why the Dutch national, who was caught in viral video assaulting and spitting at a police officer in Diani, has been released without charges



Friday, November 14, 2025 - A Dutch national who was recently caught in a viral video assaulting a police officer in Diani Police Station has been released by a Kwale court without charges, with the judge citing mental health concerns.

Presiding Judge Joy Mutimbame ruled that Elwin Ter Horst, who was diagnosed with bipolar disorder, was unfit to continue with legal proceedings.

The court directed that he be handed over to the Dutch Embassy in Nairobi for further action regarding his conduct and medical condition.

Medical experts presented evidence confirming Ter Horst’s condition, explaining that bipolar disorder severely affects mood regulation.

The court recommended that he discontinue drug use and smoking and return to productive activities.

Ter Horst was initially arrested on October 28th, 2025, after allegedly assaulting his girlfriend at a Diani hotel.

However, his behavior in police custody sparked nationwide outrage when footage circulated online showing him verbally abusing officers, blowing his nose in their direction, and wiping mucus onto an officer’s trousers.

Despite the provocation, police maintained composure throughout the incident.

The National Police Service later condemned the conduct as “crass, despicable, and utterly unacceptable,” stressing that such behavior “cannot and will not be tolerated under any circumstances.”

Speaking after the incident, Horst said he was in distress and hadn’t eaten or taken his medication at the time of the incident.

“Apologies, I have psychosis and need my medicine. I want to live in this country, invest here, and help the people of Kenya.”

The Kenyan DAILY POST

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